What is the standard of review for obstruction of justice enhancements?

MultiRegion, United States of America

The following excerpt is from United States v. Maldonado, 17-1662-cr (2nd Cir. 2019):

"We apply a mixed standard of review to obstruction-of-justice enhancements in sentencing." United States v. Bliss, 430 F.3d 640, 646 (2d Cir. 2005). "We review for clear error the sentencing court's findings as to what acts were performed, what was said, what the speaker meant by his words, and how a listener would reasonably interpret those words." Id. (internal quotation marks and brackets omitted). "[A] ruling that the established facts constitute obstruction or

Page 3

Other Questions


What is the standard of review in the context of obstruction of justice enhancements? (MultiRegion, United States of America)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the test for obstructing justice in the context of the obstruction of justice statute? (MultiRegion, United States of America)
What is the test for reviewing a federal court's decision to enhance a defendant's sentence for obstruction of justice? (MultiRegion, United States of America)
What is the standard of review for an obstruction of justice finding that Statement C was misleading or evasive to the grand jury? (MultiRegion, United States of America)
Does the presumption of reasonableness review automatically engage with correctness standards of review? (Canada (Federal), Canada)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.