Legal Opinion
United States v. Mitchell
Court of Appeals for the Ninth Circuit
Decided October 20, 2010No. 08-50429PublishedCited by 25 opinions
1Opinion of the Court
Opinion by Judge GOODWIN; Concurrence by Judge O’SCANNLAIN.
*1025OPINION
GOODWIN, Senior Circuit Judge:
Patrick J. Mitchell appeals his 180-month imprisonment sentence as a career offender under § 4B1.1 of the United States Sentencing Guidelines following his guilty plea to distributing 52.4 grams of crack cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(l)(A)(iii). We affirm and join other circuits that have clarified that, even in cases where a defendant is being sentenced under the Guidelines as a career offender, the sentencing court may depart downward to account for the disparity between…
2Cases cited17 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
- Spears v. United StatesSupreme Court of the United States · 2009
- United States v. CornerCourt of Appeals for the Seventh Circuit · 2010
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. HendersonCourt of Appeals for the Ninth Circuit · 2011
- United States v. Jesus BarraganCourt of Appeals for the Ninth Circuit · 2017
- United States v. Jason LeeCourt of Appeals for the Ninth Circuit · 2016
- United States v. Jason LeeCourt of Appeals for the Ninth Circuit · 2012
- United States v. MarquezCourt of Appeals for the Fifth Circuit · 2010
20 more not listed; retrieve them via the Exa API.