Legal Opinion

United States v. Pugh

Court of Appeals for the Eleventh Circuit

Decided January 31, 2008No. 07-10183PublishedCited by 544 opinions

1Opinion of the Court

MARCUS, Circuit Judge:

This appeal tests the nature and extent of appellate review over sentencing under the new regime of advisory Sentencing Guidelines. After thorough review, we are constrained to conclude that even under the most recent Supreme Court precedent, affording substantial deference to the district court’s sentencing determinations, the district court abused its discretion by imposing a probationary sentence on the defendant in this case.

Here, the government appealed from the non-custodial sentence of defendant Bruce Clayton Pugh (“Pugh”), who downloaded on his computer over a…

2Cases cited54 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  4. Rita v. United StatesSupreme Court of the United States · 2007
  5. Kimbrough v. United StatesSupreme Court of the United States · 2007

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3Cited by544 opinions

  1. United States v. IreyCourt of Appeals for the Eleventh Circuit · 2010
  2. United States v. TomeCourt of Appeals for the Eleventh Circuit · 2010
  3. United States v. HuntCourt of Appeals for the Eleventh Circuit · 2008
  4. United States v. Jesus Rosales-BrunoCourt of Appeals for the Eleventh Circuit · 2015
  5. United States v. WilliamsCourt of Appeals for the Eleventh Circuit · 2008

539 more not listed; retrieve them via the Exa API.

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