Circuit split · criminal sentencing

Whether Application Note 6 to the applicable U.S. Sentencing Guideline imposes a mandatory obligation on district courts.

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

United States v. Morales-Castillo314 F3D 561
Eleventh Circuit Court of Appeals · December 11, 2002
“We note a circuit split on the issue of whether Application Note 6 imposes a mandatory obligation on the district courts.” — Acknowledges a circuit split
Empirical analysis of this case →

The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

On the other side · 8th Cir.United States v. Goldman228 F.3d 942
“Goldman, 228 F.3d 942 , 944 (8th Cir.2000) (holding that Application Note 6 imposes a mandatory obligation on the district courts), cert.” — United States v. Morales-Castillo, acknowledging the split
On the other side · 5th Cir.United States v. Alexander100 F.3d 24
On the other side · 1st Cir.United States v. Gondek65 F.3d 1
On the other side · 9th Cir.United States v. Bernard48 F.3d 427
On the other side · 3d Cir.United States v. Swan275 F.3d 272
On the other side · 10th Cir.United States v. Tisdale248 F.3d 964
On the other side · 2d Cir.United States v. Maria186 F.3d 65

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.