In sentencing on a guilty plea, district court erred when it failed to decide whether a proper sentencing enhancement for felonious assault had been proven.
Marable v. Michael J Auto Sales, C-120373
May 01, 2013
Trial court erred in admitting testimony of alleged oral misrepresentations by car salesman in violation of parol evidence rule where the merger clause in the written contract provided that the vehicle was sold “as-is.”
US v. Corp, 668 F.3d 379 (6th Cir. 2012)
Feb 09, 2012
Because district court considered only defendant's conduct and did not apply USSG § 2G2.1(b)(4) based on objective nature of photographs at issue, the district court's application of the four-level enhancement was in error. Despite its disturbing nature, undepicted act of urination was irrelevant to district court's application of § 2G2.1(b)(4).
My career overall reversal rate for appellants is 44.8% (26 reversals to 32 affirmations). This does not mean that I will win your appeal, merely that there is a chance.