United States v. Bernardine
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
BARKETT, Circuit Judge:
Donn Darryl Bernardine appeals from a sentence imposed by the district court following his guilty pleas to conspiring to deal in firearms without a license and making false statements to a federally licensed firearms dealer, see 18 U.S.C. §§ 371, 922(a)(1)(A) & 924(a)(1)(A). Bernardine argues on appeal that the district court erred in enhancing his base offense level by two levels on the ground that he was a marijuana user. Because we conclude that the evidence was insufficient to support a finding that Bernar-dine was a marijuana user, we vacate the sentence and remand…
2Cases cited9 opinions
- Stinson v. United StatesSupreme Court of the United States · 1993
- United States v. James Michael WiseCourt of Appeals for the Eighth Circuit · 1992
- United States v. Samuel ScrogginsCourt of Appeals for the Eleventh Circuit · 1989
- United States v. Alejandro CastellanosCourt of Appeals for the Eleventh Circuit · 1990
- United States v. LawrenceCourt of Appeals for the Eleventh Circuit · 1995
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3Cited by29 opinions
- United States v. SepulvedaCourt of Appeals for the Eleventh Circuit · 1997
- United States v. MartinezCourt of Appeals for the Eleventh Circuit · 2009
- United States v. BastonCourt of Appeals for the Eleventh Circuit · 2016
- United States v. John T. RenickCourt of Appeals for the Eleventh Circuit · 2001
- United States v. Nosrati-ShamlooCourt of Appeals for the Eleventh Circuit · 2001
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