Legal Opinion
United States v. Keller
Court of Appeals for the Second Circuit
Decided August 14, 2008No. 07-3330-CRPublishedCited by 19 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
We write briefly to clarify that (1) the record must unambiguously demonstrate that the District Court was aware of “its discretion to consider that [the disparity between cocaine base and cocaine powder offenses in the United States Sentencing Guidelines] might result in a sentence greater than necessary,” in order to avoid a remand pursuant to United States v. Regalado, 518 F.3d 143, 147 (2d Cir.2008); and (2) that a Regalado remand is appropriate notwithstanding a district court’s decision to grant a two-level departure in anticipation of pending…
2Cases cited13 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
- Irizarry v. United StatesSupreme Court of the United States · 2008
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. ApplinsCourt of Appeals for the Second Circuit · 2011
- United States v. Mazza-AlalufCourt of Appeals for the Second Circuit · 2010
- United States v. BrownCourt of Appeals for the Second Circuit · 2019
- United States v. HamiltonCourt of Appeals for the Second Circuit · 2009
- United States v. AjetunmobiCourt of Appeals for the Second Circuit · 2009
14 more not listed; retrieve them via the Exa API.