United States v. Palencia-Berrum: Sentencing Based on Erroneous Facts episode artwork

EPISODE · Aug 28, 2026 · 24 MIN

United States v. Palencia-Berrum: Sentencing Based on Erroneous Facts

from Swear on the Stand · host Daniel W. Swear

This episode details a decision by the United States Court of Appeals for the Fifth Circuit to vacate and remand the sentencing of Alexander Palencia-Berrum. The appellate court determined that the lower district court committed a procedural error by relying on unsubstantiated facts, specifically the false claim that the defendant bit his wife during a domestic dispute. Although the defendant did not object during the initial six-minute hearing, the majority ruled that these factual inaccuracies significantly influenced the decision to impose a maximum sentence. The court emphasized that sentencing must be based on reliable evidence to maintain due process and judicial integrity. Conversely, a dissenting judge argued that the defendant's broader criminal history and the general violence of the incident justified the original punishment regardless of the specific errors.

Episode metadata supplied by the publisher feed · Published Aug 28, 2026

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United States v. Palencia-Berrum: Sentencing Based on Erroneous Facts

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