· 2/24/2009
United States v. Winder
Citations
- 557 F.3d 1129
- 2009 U.S. App. LEXIS 3647
- 2009 WL 448181
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the Sentencing Commission instituted a 2-level, retroactive reduction in the base offense levels for crack cocaine-related offenses
- observing that “a subsequent amendment to the Guidelines can sometimes be given retroactive effect if the changes are clarifying rather than substantive” (internal quotation marks omitted)
- holding sufficient nexus existed between gun and underlying intent to distribute charge where the defendant “intended the firearms to be available for use in the offense” but was not directly engaged in transaction at the time of his arrest
- emphasizing the defendant’s “ready access to the guns and their ‘proximity’ to the drugs” in the car
- “Our precedents leave no room to doubt the validity of a traffic stop based on an observed traffic violation.”
- “The trial court is entitled . . . to be apprised of the claimed error, to consider the contention, and to correct possible error.” (internal quotation marks and citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Briscoe, Baldock, Holmes
Read full opinion on CourtListenerSourced 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.