Recent Precedential Slip Opinions from the U.S. Circuit Courts of Appeals.
Monday, March 09, 2015
Eighth Circuit: United States v. Randy Hentges
Sentencing - announced upward variance means that the career offender predicates don't have to be established, as either would result in the same outcome.
Deft's history justified upward variance.
Permitting allocution after the announcing of sentence but before its imposition does not violate the 5A/FRCrimP rights of the deft.