LATEST SUMMARIES
CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
• US v. Martinez
CRIMINAL LAW & PROCEDURE, SENTENCING
• US v. Regalado
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LATEST SUMMARIES
CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
US v. Martinez, No. 06-5502
In a sentencing proceeding wherein the district court applied a
four-level enhancement to defendant's base offense level after
finding, by a preponderance of the evidence, that defendant had used
or possessed a firearm in connection with another felony offense,
judgment is affirmed where: 1) the district court applied the
correct standard of proof to the facts supporting the enhancement;
2) the sentence imposed was reasonable; and 3) the doctrine of
constitutional avoidance did not apply to invalidate the sentence
imposed.
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CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Regalado, No. 05-5739
Sentence for conspiring to distribute and possess with intent to
distribute cocaine base is remanded where: 1) in light of the
holding in Kimbrough, it was unclear whether the district court
would have imposed a non-Guidelines sentence had it been aware of
the Guidelines' advisory nature, and that it had the discretion to
deviate from the Guidelines; and 2) the absence of that information
precluded a review for plain error.
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