Legal Opinion
United States v. Andrew Fagans
Court of Appeals for the Second Circuit
Decided April 27, 2005No. 12-1853PublishedCited by 165 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge.
This sentencing appeal concerns issues arising in’ the aftermath of the Supreme Court’s decision in United States v. Booker, — U.S. —, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and this Court’s opinion in United States v. Crosby, 397 F.3d 103 (2d Cir.2005). The issues are (1) whether to remand for resentencing, rather than for consideration of whether to resentence, where an objection to the compulsory use of the Sentencing Guidelines has been preserved for review, (2) whether, in some circumstances, to review the correctness of a Guidelines calculation now that the…
2Cases cited6 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
- United States v. Tyshea Mincey, Also Known as Tyshea Ferrell, and Deshawn Ferrell, Also Known as Barry ShawnCourt of Appeals for the Second Circuit · 2004
1 more not listed; retrieve them via the Exa API.
3Cited by165 opinions
- United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
- United States v. Lydia CooperCourt of Appeals for the Third Circuit · 2006
- United States v. SmithCourt of Appeals for the Fifth Circuit · 2006
- United States v. DorveeCourt of Appeals for the Second Circuit · 2010
- United States v. Derek A. Vaughn, Zaza Leslie LindoCourt of Appeals for the Second Circuit · 2005
160 more not listed; retrieve them via the Exa API.