Legal Opinion

United States v. Johnson

Court of Appeals for the Fifth Circuit

Decided September 13, 1994No. 93-03736PublishedCited by 29 opinions

1Opinion of the Court

POLITZ, Chief Judge:

Convicted on guilty pleas of conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846, Curtis Johnson and Darryl Shelton appeal their sentences. Concluding that the downward departure provision of the Sentencing Guidelines may have been incorrectly applied, we vacate the sentences and remand.

Background

Johnson, Shelton, and Amos Conde attempted to purchase five kilograms of cocaine from an undercover DEA agent. After they viewed the cocaine and showed the DEA agent their money, the men were arrested. Curtis, Shelton, and Conde were indicted for…

2Cases cited13 opinions

  1. United States v. Abel A. Mariano, Jr., United States of America v. Barry ButterworthCourt of Appeals for the First Circuit · 1993
  2. United States v. Alejandro CastellanosCourt of Appeals for the Eleventh Circuit · 1990
  3. United States v. Lawrence D. Hartford, AKA 'Larry,' United States of America v. Dale Bowdoin, United States of America v. Mike NewtonCourt of Appeals for the Fifth Circuit · 1974
  4. United States v. Levelt Francois, (Two Cases)Court of Appeals for the Fourth Circuit · 1989
  5. United States v. Rene SpiropoulosCourt of Appeals for the Third Circuit · 1992

8 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. United States v. Paul Frederick LaneyCourt of Appeals for the Ninth Circuit · 1999
  2. United States v. William Benjamin (96-4040), Robert N. Thompson (96-4064)Court of Appeals for the Sixth Circuit · 1998
  3. United States v. Stephan Gary HillCourt of Appeals for the Fourth Circuit · 1995
  4. United States v. DesselleCourt of Appeals for the Fifth Circuit · 2006
  5. United States v. AlvarezCourt of Appeals for the Fifth Circuit · 1995

24 more not listed; retrieve them via the Exa API.

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