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Criminal Law Keyed to Osler
United States v. Sanchez-Lopez
Citation:858 F.3d 1064 (7th Cir. 2017)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Defendant was found stealing from a Home Depot, and officers realized that the defendant was back in the country after being deported. He had a history of crime including 4 DUIs, 1 hit-and-run, and 3 driving without a license. He was also convicted of battery and assaulting a 11 year old child, along with criminal escape. He was deported in November 2011 after serving time in prison. Defendant told officers he reentered in 2013 to help his common-law wife recover as she was very sick. He was convicted of no crimes between then and the Home Depot theft in 2016, from which no charges were filed.
There was confusion on what level the defendant’s sentencing guidelines should be at because there was not clarity on when he re-entered which would change whether the assault was within the consideration period or not. The conservative end of the sentencing guideline was 15-21 months of imprisonment and was agreed to by the government. The other guideline which included the assault would have been 21-27 months. Judge sentenced him to 24 months. Defendant appealed his sentence outside of the guideline range suggested, the 15-21 month which the government agreed to.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.