Legal Opinion

United States v. Michael W. Fraley

Court of Appeals for the Fourth Circuit

Decided February 26, 1993No. 92-7099PublishedCited by 40 opinions

1Opinion of the Court

OPINION

WILLIAMS, Circuit Judge:

The Government appeals the district court’s grant of Michael W. Fraley's motion to modify his sentence. We reverse.

i.

Michael W. Fraley was convicted of using an unauthorized credit access device under 18 U.S.C. § 1029(a)(2)< (1988). At his sentencing hearing on June 5, 1992, Fraley specifically argued for a “split sentence” under § 501.1(d)(2) of the Sentencing Guidelines. United States Sentencing Commission, Guidelines Manual, § 501.1(d)(2) (Nov. 1991). Under that section, the district court could have divided Fraley’s sentence between a period in prison and a…

2Cases cited6 opinions

  1. United States v. Novenda L. CookCourt of Appeals for the Fourth Circuit · 1989
  2. United States v. Rico, Appeal of Elizabeth Baron, A/K/A "Yolanda Mercado"Court of Appeals for the Second Circuit · 1990
  3. United States v. Terry C. Carr and Mark Todd CarrCourt of Appeals for the First Circuit · 1991
  4. United States v. Louis GuglielmiCourt of Appeals for the Fourth Circuit · 1991
  5. United States v. Lonnie BenefieldCourt of Appeals for the First Circuit · 1991

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

3Cited by40 opinions

  1. Phillip D. Scott v. United StatesCourt of Appeals for the Seventh Circuit · 1993
  2. United States v. BlackwellCourt of Appeals for the Tenth Circuit · 1996
  3. United States v. Raymond Joseph LopezCourt of Appeals for the Fifth Circuit · 1994
  4. United States v. Ramon Wilberto Abreu-CabreraCourt of Appeals for the Second Circuit · 1995
  5. United States v. WerberCourt of Appeals for the Second Circuit · 1995

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

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