Topic: district courts are still required to consider guideline ra… · Go Syfert
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Topic #8268

6 canonical passages across 5 cases, quoted by 44 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. Magallanez.

#Case FlagCanonical passage Citers
1 United States v. Magallanez Anchor
ca10 · 2005
green “district courts are still required to consider guideline ranges, which are determined through application of the preponderance standard, just as they were before.” 9
2 United States v. Magallanez
ca10 · 2005
green “sentencing courts maintained the power to consider the broad context of a defendant's conduct, even when a court's view of the conduct conflicted with the jury's verdict.” 8
3 United States v. Joshua Price, Jr.
ca10 · 2005
green “above the statutory maximum permitted by the statute of conviction.” 8
4 United States v. O'Flanagan
ca10 · 2003
green “it is well-established that sentencing factors need not be charged in an indictment and need only be proved to the sentencing judge by a preponderance of the evidence” 7
5 United States v. Olsen
ca10 · 2008
green “recognizing 'strong arguments that relevant conduct causing a dramatic increase in sentence ought to be subject to a higher standard of proof,” 7
6 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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