Legal Opinion

United States v. Gillis

Court of Appeals for the Sixth Circuit

Decided November 5, 2009No. 09-3397PublishedCited by 38 opinions

1Opinion of the Court

BOYCE F. MARTIN, JR., Circuit Judge.

In 07-3754, Torrence Gillis appeals his sentence, arguing that his sentence was unreasonable because the judge did not recognize that the guidelines were advisory and that he had the power to vary from the sentencing guidelines and the policy determinations of the Sentencing Commission. The government concedes that the district court erred, and the government has not met its burden of proving that the error was harmless. Thus, we REVERSE the district court’s ruling and REMAND this case for re-sentencing by the judge with full knowledge of its power to…

2Cases cited13 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. Spears v. United StatesSupreme Court of the United States · 2009
  3. United States v. David Lee OliverCourt of Appeals for the Sixth Circuit · 2005
  4. United States v. James Ronald HazelwoodCourt of Appeals for the Sixth Circuit · 2005
  5. United States v. Noah Beverly Johnny P. Crockett Douglas A. TurnsCourt of Appeals for the Sixth Circuit · 2004

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3Cited by38 opinions

  1. Torrence Gillis v. United StatesCourt of Appeals for the Sixth Circuit · 2013
  2. United States v. WilliamsCourt of Appeals for the Sixth Circuit · 2011
  3. United States v. Kevin DavisCourt of Appeals for the Sixth Circuit · 2014
  4. United States v. HameedCourt of Appeals for the Sixth Circuit · 2010
  5. United States v. Xiaorong YouCourt of Appeals for the Sixth Circuit · 2023

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

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