Vernon Fiehler v. T. Anthony Mecklenburg, Catherine Mecklenburg, State of Alaska, City & Borough of Juneau, and Wells Fargo Bank, N.A.

How courts have described this case

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

• concluding that because record on crucial issue was unclear and because government bore burden of proof on that issue, defendant's sentence had to be vacated
• holding that reliance on the bare arrest record was not harmless even where the district court stated that “the sentence is not based on the arrests”
• vacating sentence for considering bare arrest records even though district court said “the sentence is not based on the arrests”
• “[I]t is error for a district court to consider a defendant’s ‘bare arrest record’ at sentencing.”
• internal quotation marks, citation, and brackets omit- 2 Case: 21-11132 Document: 00516465658 Page: 3 Date Filed: 09/09/2022 No. 21-11132 ted
• “[F]or a non-Guidelines sentence, just as for a Guidelines sentence, it is error for a district court to consider a defendant’s ‘bare arrest record’ at sentencing.”

Source: CourtListener parenthetical corpus (CC0).