Legal Opinion
United States v. Drew
District Court, District of Columbia
Decided September 28, 1998No. CRIM. A. 97-471 (JHG)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOYCE HENS GREEN, District Judge.
This case requires a renewed focus on one of the most troubling issues presented by the Guidelines Manual promulgated by the United States Sentencing Commission. 1 Under one of the “cross reference” provisions of the Guidelines, § 2K2.1(e), a criminal defendant can effectively be convicted of one crime and sentenced for another — even if the defendant has been acquitted for that other crime. See United States v. Lombard, 102 F.3d 1, 4 (1st Cir.1996) [hereafter Lombard II ] (“[A] finding of an uncharged crime at sentencing, and the compulsory…
2Cases cited31 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Mistretta v. United StatesSupreme Court of the United States · 1989
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- Witte v. United StatesSupreme Court of the United States · 1995
- Nichols v. United StatesSupreme Court of the United States · 1994
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3Cited by2 opinions
- United States v. Drew, Wilbert JeromeCourt of Appeals for the D.C. Circuit · 2000
- United States v. Drew, Wilbert JeromeCourt of Appeals for the D.C. Circuit · 2000