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