Case Citator › United States v. Pugh

United States v. Pugh

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

Declined by some courts
Court
Eleventh Circuit
Citation
515 F.3d 1179
Decided
Confirmed treatments
1
Flagged citations read
101 of 101
Treatment dates
2011
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. United States v. Pugh is still in review after all 101 flagged citations were read. One confirmed treatment is listed below.
More on how this was screened

Later opinions continued to apply Pugh’s deferential review of sentencing decisions, its use of the factors in 18 U.S.C. § 3553(a), and its child pornography analysis. The Ninth Circuit declined to follow Pugh’s view of the child pornography Guidelines.

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.

101 citations to United States v. Pugh 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.

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Treatments

Declined to Follow

  • The Ninth Circuit held that district courts may vary from the child pornography Guidelines based on a policy disagreement, contrary to Pugh’s view that those Guidelines did not have the deficiencies identified in Kimbrough.

    United States v. Henderson · Ninth Circuit · filed

    We therefore hold that, similar to the crack cocaine Guidelines, district courts may vary from the child pornography Guidelines, § 2G2.2, based on policy disagreement with them, and not simply based on an individualized determination that they yield an excessive sentence in a particular case.4 ... But see United States v. Pugh, 515 F.3d 1179, 1201 n. 15 (11th Cir. 2008) (child pornography Guidelines "do not exhibit the deficiencies the Supreme Court identified in Kimbrough ”).
    Read the full opinion on CourtListener →

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