LEWIS

v.

UNITED STATES

Citator

Cited By

• United States v. Streit, 962 F.2d 894 (9th Cir. 1992)
  …w, sometimes characterized as “de novo,” or for an abuse of discretion. See United States v. Sotelo-Murillo, 887 F. 2d 176, 179 (9th Cir.1989) (collecting cases); United States v. Davis, 876 F. 2d 71, 72 (9th Cir.) (per curiam) (same), cert. denied, 493 U.S. 866, 110 S.Ct. 188, 107 L.Ed.2d 143 (1989). It is not necessary to resolve this issue on the present appeal, however, because the result would be the same under either standard. [*898] An assertion that the trial court’s instructions to the jury misstat…
• United States v. Concepcion, 983 F.2d 369 (2d Cir. 1992)
  …negative factor, is not determinative if it is outweighed by other indicia of reliability. See, e.g., United States v. Jacobowitz, 877 F. 2d 162, 168 (2d Cir.) (10 months not dispositive where other factors were sufficiently positive), cert. denied, 493 U.S. 866, 110 S.Ct. 186, 107 L.Ed.2d 141 (1989). In each case, the factors must be assessed in light of the totality of the circumstances, and the linchpin of admissibility is reliability. With these principles in mind, we turn to the contentions of Conce…
• United States v. Lambert, 984 F.2d 658 (5th Cir. 1993)
  …e district court offers ‘acceptable reasons’ for the departure and the departure is ‘reasonable.’ ” United States v. Velasquez-Mercado, 872 F. 2d 632 (5th Cir.) (quoting United States v. MejiaOrosco, 867 F. 2d 216, 219 (5th Cir.1989)), cert. denied, 493 U.S. 866, 110 S.Ct. 187, 107 L.Ed.2d 142 (1989). The specific questions before us today are whether the district court adequately articulated its decision based on the Lopez step-by-step approach to criminal history departures and whether the district court…