Opinion · Supreme Court of the United States

Welshans v. Aetna Life Insurance Company

552 U.S. 1042

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
2007-11-26
Topic
general

How later courts describe this case

  • noting that a defendant waives an affirmative defense by failing to request a jury instruction on it
  • affirming a substantial upward variance based on extraordinary circumstances of cocaine distribution offense, which included defendant’s distribution of cocaine to a minor and sexual assault
  • explaining that, while the district court on remand could not have applied an upward departure based on conduct we previously deemed beyond the scope of relevant conduct under section 1B1.3, it could impose a variance based on such conduct under section 3553(a)

Citator

UpLaw has not yet analyzed Welshans v. Aetna Life Insurance Company. The absence of a flag is not a finding that it is good law.

Cited by
65 opinions
128 S.Ct. 671 (2007)

Vanessa WELSHANS, et al., petitioners,
v.
AETNA LIFE INSURANCE COMPANY.

No. 07-489.

Supreme Court of United States.

November 26, 2007.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.