U.S. v. Orozco-Vasquez

34 Citing cases

  1. United States v. Collins

    No. 20-3830 (6th Cir. Jul. 6, 2021)

    We do not read sentencing colloquies like statutes. See United States v. Orozco-Vasquez, 469 F.3d 1101, 1107 (7th Cir. 2006). And nothing in the sentencing transcript suggests that the court meant to resolve a "fact" dispute-as if the parties had introduced statistical evidence on the backgrounds of the "average" defendant and asked the court to "find" where Collins fit within this picture.

  2. U.S. v. Helton

    370 F. App'x 709 (7th Cir. 2010)   Cited 2 times
    Finding judge's explanation of above-Guidelines sentence adequate

    Not everything a sentencing judge says can be labeled a factual finding; much of what is said "consists of observations and assessments that form the basis of the judge's consideration" of the sentencing factors in ยง 3553(a). United States v. Orozco-Vasquez, 469 F.3d 1101, 1107 (7th Cir. 2006). The court made the statement here as it expressed its view that the defendant's past sentences had been too light to deter him from crime, and that he is a menace to society.

  3. U.S. v. Borders

    243 F. App'x 182 (7th Cir. 2007)   Cited 1 times
    Ruling that claim of Rule 32(h) error was foreclosed by defendant's appeal waiver

    A district court must explain, with reference to the 18 U.S.C. ยง 3553(a) sentencing factors, its choice to sentence the defendant outside the guidelines range; the farther outside the guidelines range the sentence is, the more compelling that explanation must be. See United States v. Orozco-Vasquez, 469 F.3d 1101, 1107 (7th Cir. 2006); United States v. Valle, 458 F.3d 652, 656 (7th Cir. 2006). But the court need not discuss every factor, so long as it explains its sentencing choice in a manner consistent with ยง 3553(a).

  4. United States v. Bek

    493 F.3d 790 (7th Cir. 2007)   Cited 72 times   2 Legal Analyses
    Holding that the requirements of 45 C.F.R. ยง 164.512(e) were satisfied where the trial court entered an appropriate protective order following the seizure of the subject records

    After a jury trial, this is a "nearly insurmountable" hurdle. United States v. Orozco-Vasquez, 469 F.3d 1101, 1106 (7th Cir.2006) (citing United States v. Moore, 425 F.3d 1061, 1072 (7th Cir.2005)). When confronted with a sufficiency challenge, "[w]e do not weigh the evidence or assess the credibility of witnesses.

  5. U.S. v. Morales

    Case No. 03 CR 90 (N.D. Ill. May. 22, 2009)   Cited 5 times

    When making this determination, courts "do not weigh the evidence or assess the credibility of witnesses." U.S. v. Orozco-Vasquez, 469 F.3d 1101, 1106 (7th Cir., 2006). B. Evidence Common to Multiple Defendants1. Testimony of Orlando Rivera

  6. U.S. v. Delatorre

    581 F. Supp. 2d 968 (N.D. Ill. 2008)   Cited 4 times

    In making this determination, the Court does not "weigh the evidence or assess the credibility of the witnesses." United States v. Orozco-Vasquez, 469 F.3d 1101, 1106 (7th Cir. 2006). The Court finds the evidence in this case more than sufficient to support the convictions.

  7. Orozco-Vasquez v. United States

    550 U.S. 937 (2007)

    May 14, 2007. Reported below: 469 F. 3d 1101. Miscellaneous Orders C.A. 7th Cir. Certiorari denied.

  8. United States v. Johnson

    No. 21-3345 (7th Cir. Jan. 15, 2025)

    Johnson's argument runs aground on the truism that "not every fact-based statement a judge makes at sentencing is a 'factual finding.'" United States v. Orozco-Vasquez, 469 F.3d 1101, 1107 (7th Cir. 2006). "There is a difference between formal factual findings and judicial observations that explain conclusions about sentencing factors."

  9. United States v. Carr

    No. 16-1326 (7th Cir. Jun. 9, 2017)   Cited 5 times

    When we are confronted with a challenge to the sufficiency of the evidence to maintain a conviction, "[w]e do not weigh the evidence or assess the credibility of witnesses." United States v. Orozco-Vasquez, 469 F.3d 1101, 1106 (7th Cir. 2006). "Instead, we view the evidence in a light most favorable to the government and reverse only when there is no evidence, no matter how it is weighed, from which a rational jury could find guilt beyond a reasonable doubt.

  10. United States v. Moran-Vazquez

    547 F. App'x 793 (7th Cir. 2013)   Cited 1 times

    Gang membership is a factor that courts may consider when addressing a defendant's personal characteristics, see 18 U.S.C. ยง 3553(a)(1); United Statesv. Love, 680 F.3d 994, 1000 (7th Cir. 2012); United States v. Orozco-Vasquez, 469 F.3d 1101, 1105 (7th Cir. 2006), and here the court reasonably explained that Moran-Vazquez's ties to a gang involved in narcotics trafficking and human smuggling were relevant in showing a disrespect for the law and higher likelihood of reoffending. A within-guidelines sentence is presumed reasonable, see United States v. Marin-Castano, 688 F.3d 899, 902 (7th Cir. 2012); United States v. Garcia-Ugarte, 688 F.3d 314, 316 (7th Cir. 2012), and Moran-Vazquez has not rebutted that presumption.