Legal Opinion

United States v. Fernandez

Court of Appeals for the Second Circuit

Decided June 1, 2006No. Docket 05-1596-CRPublishedCited by 625 opinions

1Opinion of the Court

JOSÉ A. CABRANES, Circuit Judge:

We address here several questions relating to our review of sentences in the post- Booker era, see United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), including whether: (1) we possess statutory authority to review a sentence within the relevant United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) range for reasonableness; (2) a sentence within the relevant Guidelines range is entitled to a presumption of reasonableness; (3) the duty to consider the sentencing factors of 18 U.S.C. § 3553(a) 1 requires a sentencing judge to…

2Cases cited31 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Ring v. ArizonaSupreme Court of the United States · 2002
  3. Walton v. ArizonaSupreme Court of the United States · 1990
  4. United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
  5. United States v. Robert MykytiukCourt of Appeals for the Seventh Circuit · 2005

26 more not listed; retrieve them via the Exa API.

3Cited by625 opinions

  1. Rita v. United StatesSupreme Court of the United States · 2007
  2. Brault v. Social Security AdministrationCourt of Appeals for the Second Circuit · 2012
  3. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  4. United States v. CaveraCourt of Appeals for the Second Circuit · 2008
  5. United States v. PughCourt of Appeals for the Eleventh Circuit · 2008

620 more not listed; retrieve them via the Exa API.

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