Legal Opinion
United States v. Orlando
Court of Appeals for the Ninth Circuit
Decided January 23, 2009No. 07-50473PublishedCited by 49 opinions
1Opinion of the Court
OPINION
FARRIS, Senior Circuit Judge:
Carl Orlando appeals his 40 month sentence and $30,000 fine following his guilty plea to one count of tax evasion. We affirm the sentence but amend the written judgment to reflect the $30,000 fíne imposed at oral sentencing.
I. The Rule 32(h) notice requirement does not apply.
Under Irizarry v. U.S., — U.S. —, 128 S.Ct. 2198, 171 L.Ed.2d 28 (2008), Orlando’s 40-month sentence was not a “departure” from the 27-33 month range specified by the sentencing guidelines, but a “variance.” The notice requirement in Fed.R.Crim.P. 32(h) does not apply.
II. The district…
2Cases cited16 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
- United States v. FernandezCourt of Appeals for the Second Circuit · 2006
11 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Dewayne Bearchild v. Kristy CobbanCourt of Appeals for the Ninth Circuit · 2020
- United States v. PriceCourt of Appeals for the Ninth Circuit · 2009
- United States v. VanderwerfhorstCourt of Appeals for the Ninth Circuit · 2009
- United States v. Hector HurtadoCourt of Appeals for the Ninth Circuit · 2014
- United States v. Philip RossiCourt of Appeals for the Sixth Circuit · 2011
44 more not listed; retrieve them via the Exa API.