What is the test for reviewing a criminal sentence de novo?
MultiRegion, United States of America
The following excerpt is from U.S. v. Moore, 127 F.3d 1107, 1997 WL 665655 (9th Cir. 1997):
"We review the legality of a criminal sentence de novo. If the sentence complies with statutory requirements and limits, then we review it for an abuse of discretion." United States v. Snider, 957 F.2d 703, 705 (9th Cir.1992) (per curiam).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the implications of section 2244 of the Criminal Code of Ontario's Criminal Code when it comes to sentencing sentences? (MultiRegion, United States of America)
What is the test for reviewing the legality of a criminal sentence, de novo? (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)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history? (MultiRegion, United States of America)
Is a defendant's sentence reduced de novo because it was based on a sentencing range that was subsequently reduced by the sentencing commission? (MultiRegion, United States of America)
What is the standard of review when reviewing sentencing guidelines in the context of sentencing calculations? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
