Case Citator › United States v. Jimenez-Beltre

United States v. Jimenez-Beltre

Is it still good law? What later courts have actually done to this case.

Declined by some courts
Court
First Circuit
Citation
440 F.3d 514
Decided
Confirmed treatments
1
Flagged citations read
28 of 28
Citing cases (total)
28
Treatment dates
2006
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. United States v. Jimenez-Beltre was declined in part by the Seventh Circuit on appellate sentencing review. All 28 flagged citations have been read.
More on how this was screened

The confirmed disagreement is listed below: the Seventh Circuit used a rebuttable presumption that a within-Guidelines sentence is reasonable, despite Jimenez-Beltre's concern that such language could become effectively conclusive. First Circuit decisions continued to apply Jimenez-Beltre's rules on explaining and reviewing sentences.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

28 later cases cite United States v. Jimenez-Beltre; 28 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on United States v. Jimenez-Beltre?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Declined to follow

  • The Seventh Circuit adopted a rebuttable presumption for within-Guidelines sentences despite Jimenez-Beltre's concern that it might become effectively conclusive.

    United States v. Wurzinger · Seventh Circuit · filed

    Other courts have disagreed with our view, believing that courts may come to treat the rebuttable presumption as effectively irrebuttable. See, e.g., United States v. Jimenez-Beltre, 440 F.3d 514, 518 (1st Cir.), petition for cert. filed, ___ U.S.L.W. ___ (U.S. Aug. 4, 2006) (No. 06-5727). This may be a valid concern but we believe that courts are familiar with the concept of rebuttable presumption and capable of applying it.
    Read the full opinion on CourtListener →

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