Legal Opinion

United States v. David Joseph Berlier

Court of Appeals for the Ninth Circuit

Decided October 31, 1991No. 90-10376PublishedCited by 42 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

The government appeals a downward departure from the Guideline sentence in this case of a repentant white collar embezzler who made restitution and pled guilty.

David Joseph Berber’s Pre-Sentence Report calculated the adjusted offense level at 16, less two levels for acceptance of responsibility, leading to a level of 14. The resulting sentencing range was 15-21 months imprisonment and a fine. At sentencing, the district court departed downward from this Guideline range and sentenced Berber to straight probation and a fine. The government appeals under 18 U.S.C. §…

2Cases cited6 opinions

  1. United States v. Jose Jesus Lira-BarrazaCourt of Appeals for the Ninth Circuit · 1991
  2. United States v. Roy Patrick CookCourt of Appeals for the Ninth Circuit · 1991
  3. United States v. Brian Michael DalyCourt of Appeals for the Fourth Circuit · 1989
  4. United States v. Susan PozzyCourt of Appeals for the First Circuit · 1990
  5. United States v. Bobbi L. BrandCourt of Appeals for the Fourth Circuit · 1990

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

3Cited by42 opinions

  1. United States v. Mirna Rivera, United States v. Robert AdamoCourt of Appeals for the First Circuit · 1993
  2. United States v. Stacey C. Koon, Cross-Appellee. United States of America v. Laurence M. Powell, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1994
  3. United States v. Darlene Faye MogelCourt of Appeals for the Eleventh Circuit · 1992
  4. United States v. Timothy Tyrone RockwellCourt of Appeals for the Tenth Circuit · 1993
  5. United States v. Dorothy MenyweatherCourt of Appeals for the Ninth Circuit · 2006

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

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