Topic: consideration of information about the defendant's characte… · Go Syfert
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Topic #2150

11 canonical passages across 10 cases, quoted by 111 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 Witte v. United States.

#Case FlagCanonical passage Citers
1 Witte v. United States Anchor
scotus · 1995
green “consideration of information about the defendant's character and conduct at sentencing does not result in 'punishment' for any offense other than the one of which the defendant was convicted.” 18
2 United States v. Terrell
ca10 · 2006
green “joined a number of other circuits in holding that a sentence within the applicable guidelines range is presumptively reasonable.” 15
3 United States v. Cage
ca10 · 2006
green “the guidelines are an expression of popular political will about sentencing that is entitled to due consideration ... and represent at this point eighteen years' worth of careful consideration of the proper sentence for federal offenses.” 12
4 United States v. Wittie
ca5 · 1994
green “the use of relevant conduct to increase the punishment of a charged offense does not punish the offender for the relevant conduct.” 10
5 United States v. Patrick E. Washington
ca10 · 1993
green “that because the additional drug quantities effectively resulted in a life sentence a higher standard of proof should be required.” 10
6 United States v. Schmidt (Janice)
ca10 · 2009
green “the district court's determination of 'relevant conduct' is a factual finding subject to a preponderance of the evidence standard, and clear error review.” 9
7 United States v. Banda
ca10 · 2006
neutral “by a preponderance of the evidence rather than the jury applying a beyond-a-reasonable-doubt standard.” 8
8 United States v. Troy T. Coleman
ca10 · 1991
green “persuasive the decisions that have allowed a sentencing court to consider trial evidence that was applicable to a charge upon which the defendant was acquitted.” 8
9 United States v. Patrick E. Washington
ca10 · 1993
green “recognized the strong arguments that relevant conduct causing a dramatic increase in sentence ought to be subject to a higher standard of proof,” 8
10 United States v. Joshua Price, Jr.
ca10 · 2005
green “above the statutory maximum permitted by the statute of conviction.” 8
11 United States v. Ray
ca10 · 2013
green “apprendi does not apply to the present advisory-guidelines regime.” 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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