Legal Opinion
United States v. Savarese
Court of Appeals for the First Circuit
Decided September 22, 2004No. 04-1099PublishedCited by 37 opinions
1Opinion of the Court
DYK, Circuit Judge.
The central question here concerns the interpretation of section 2B3.1 of the U.S. Sentencing Guidelines, which provides for a two-level enhancement of a defendant’s offense level if the defendant engaged in carjacking. U.S. Sentencing Guidelines . Manual § 2B3.1(b)(5)(2003). We hold that the district court’s enhancement of the defendant’s sentence was not contrary to the Guidelines and that there was no plain error in the district court’s failure to submit the fact issues concerning enhancement to a jury.
I
The guidelines provide: “If the [robbery] offense involved…
2Cases cited23 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. OlanoSupreme Court of the United States · 1993
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Johnson v. United StatesSupreme Court of the United States · 1997
- United States v. CottonSupreme Court of the United States · 2002
18 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- United States v. Vega-MolinaCourt of Appeals for the First Circuit · 2005
- United States v. BaileyCourt of Appeals for the First Circuit · 2005
- United States v. EarleCourt of Appeals for the First Circuit · 2007
- United States v. Castro-DavisCourt of Appeals for the First Circuit · 2010
- United States v. FiguereoCourt of Appeals for the First Circuit · 2005
32 more not listed; retrieve them via the Exa API.