Skip to main content
· 8/21/2007

United States v. Wilken

Citations

  • 498 F.3d 1160
  • 2007 U.S. App. LEXIS 19837
  • 2007 WL 2372381

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that because the district court properly applied an enhancement that “controlled the Guidelines range for [the defendant’s] sentence,” any error in applying an unrelated enhancement was harmless
  • holding that unless Congress “remove[s] prior drug offenses as qualifiers for the career offender provision,” a district court does not abuse its discretion by refusing to deviate from the advisory guideline range based on a policy disagreement
  • “[A] district court does not err by refusing to depart or vary downward based on the Guidelines’ disparate 6 treatment of crack and powder cocaine.” (citation omitted)
  • “Even where we find an error in calculating the Guidelines range, . . . we need not vacate and remand the sentence if the error w as harmless.”
  • reviewing application of sentencing enhancement for harmless error

Source: CourtListener parenthetical corpus (CC0).

Judges: Briscoe, Ebel, McConnell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.