Circuit split · criminal procedure
Whether a time period in a criminal case begins to run at the time of the sentencing hearing or at the time the judgment is entered
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Galvan-Perez291 F3D 401
Sixth Circuit Court of Appeals · May 17, 2002
“This court has acknowledged a split among the circuits on whether the clock begins to run at the time of the sentencing hearing or the time that judgment is entered.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
18 U.S.C. § 3553 — Imposition of a sentence
“(a) Factors To Be Considered in Imposing a Sentence.—The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider— (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed— (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the …”Read the full section →
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.
- Discussed · 6th Cir.United States v. McGahee257 F.3d 520
- Discussed · 5th Cir.United States v. Gonzalez163 F.3d 255
- Discussed · 11th Cir.United States v. Morrison204 F.3d 1091
- Discussed · 2d Cir.United States v. Abreu-Cabrera64 F.3d 67
What the split turns on
- Statutes:
- 18 U.S.C. § 3553(b)
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.