Legal Opinion
United States v. Carter
Court of Appeals for the Second Circuit
Decided September 28, 2012No. Docket 11-3605-crPublishedCited by 6 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
This case reminds us of the tension in federal criminal law between two competing but overlapping systems for imposing a sentence. In most cases, a sentencing court computes the relevant range under the U.S. Sentencing Guidelines, now advisory under the teaching of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), before making its own determination of an appropriate punishment after considering the general sentencing factors in § 3553(a), including the “parsimony” provision that a sentence must not be “greater than necessary” to…
2Cases cited10 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Dorsey v. United StatesSupreme Court of the United States · 2012
- Federal Communications Commission v. Fox Television Stations, Inc.Supreme Court of the United States · 2012
- Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
- Sims v. BlotCourt of Appeals for the Second Circuit · 2008
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3Cited by6 opinions
- Insight Systems Corp., and Centerscope Technologies, Inc. v. the United States 12-863c andUnited States Court of Federal Claims · 2013
- United States v. DelacruzCourt of Appeals for the Second Circuit · 2017
- United States v. CompresCourt of Appeals for the Second Circuit · 2015
- United States v. MorrisonCourt of Appeals for the Second Circuit · 2013
- United States v. Robert HubbardCourt of Appeals for the Fourth Circuit · 2014
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