Topic: (1) does not account for a factor that should have received… · Go Syfert
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Topic #2099

5 canonical passages across 3 cases, quoted by 139 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. Smith.

#Case FlagCanonical passage Citers
1 United States v. Smith Anchor
ca5 · 2006
green “(1) does not account for a factor that should have received significant weight, (2) gives significant weight to an irrelevant or improper factor, or (3) represents a clear error of judgment in balancing the sentencing factors.” 48
2 United States v. Smith
ca5 · 2006
green “a non-guideline sentence unreasonably fails to reflect the statutory sentencing factors where it (1) does not account for a factor that should have received significant weight, (2) gives significant weight to an irrelevant or improper factor, or (3) represents a clear error of j…” 44
3 United States v. Smith
ca5 · 2006
green “unreasonably fails to reflect the statutory sentencing factors” 22
4 United States v. Brantley
ca5 · 2008
green “was reasonable under the totality of the relevant statutory factors.” 20
5 United States v. Hernandez
ca5 · 2011
green “we review the reasonableness of a sentence for abuse of discretion, whether it is inside or outside the guidelines range.” 5

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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