Legal Opinion
United States v. Mark Zabielski
Court of Appeals for the Third Circuit
Decided April 3, 2013No. 11-3288PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
HARDIMAN, Circuit Judge.
In United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the Supreme Court held that the United States Sentencing Guidelines could not constitutionally be applied as diktats. Rather than scrap the Guidelines entirely, the Court left them intact as advisory and trial judges may vary from them, within reason, after applying the relevant provisions of 18 U.S.C. § 3553(a). Before doing so, it is important that trial judges accurately calculate the Guidelines range and correctly rule on departure motions. Failure to accomplish…
2Cases cited26 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Puckett v. United StatesSupreme Court of the United States · 2009
- United States v. TomkoCourt of Appeals for the Third Circuit · 2009
- Tapia v. United StatesSupreme Court of the United States · 2011
21 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- United States v. Erasto Gomez-JimenezCourt of Appeals for the Fourth Circuit · 2014
- United States v. Robert WatermanCourt of Appeals for the Third Circuit · 2014
- United States v. William DahlCourt of Appeals for the Third Circuit · 2016
- United States v. Michael CalabrettaCourt of Appeals for the Third Circuit · 2016
- United States v. Carolyn JacksonCourt of Appeals for the Third Circuit · 2017
31 more not listed; retrieve them via the Exa API.