United States v. Fernandez
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Many carried a citation-history parenthetical stating that Rita v. United States abrogated Fernandez on other grounds, but Rita did not adversely treat Fernandez: it permitted appellate courts to use a nonbinding within-Guidelines presumption, while Fernandez chose not to establish one and was cited approvingly for the compatible proposition that Guidelines sentences will usually be reasonable.
908 later cases cite United States v. Fernandez; 141 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. Fernandez?
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.
No reviewed court has overruled or limited this case.
Every one of the 141 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.
Does this case still carry your argument?
Describe your facts. Ezel reads United States v. Fernandez and the cases that treated it, then tells you whether it still holds for your situation, with citations.
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