Legal Opinion

United States v. Lee

Court of Appeals for the Fifth Circuit

Decided January 20, 2004No. 03-10135PublishedCited by 129 opinions

1Opinion of the Court

CARL E. STEWART, Circuit Judge:

In this criminal appeal, Timothy S. Lee challenges his sentence imposed upon remand, arguing that the mandate issued by this court in United States v. Lee, 310 F.3d 787 (5th Cir.2002) (“Lee I ”) precluded the district court from upwardly departing at resentencing pursuant to § 4A1.3 of the United States Sentencing Guidelines Manual. Lee asserts in the alternative that the district court’s upward departure was premised on an erroneous determination that Lee’s criminal history category did not adequately reflect the seriousness of his criminal history or the…

2Cases cited41 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Koon v. United StatesSupreme Court of the United States · 1996
  3. Messenger v. AndersonSupreme Court of the United States · 1912
  4. United States v. Ernesto Quintieri, Carlo DonatoCourt of Appeals for the Second Circuit · 2002
  5. Tollett v. The City of KemahCourt of Appeals for the Fifth Circuit · 2002

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

3Cited by129 opinions

  1. General Universal Systems, Inc. v. Hal, Inc.Court of Appeals for the Fifth Circuit · 2007
  2. United States v. SmithCourt of Appeals for the Fifth Circuit · 2005
  3. PSKS, Inc. v. Leegin Creative Leather Products, Inc.Court of Appeals for the Fifth Circuit · 2010
  4. Lindquist v. City of Pasadena TexasCourt of Appeals for the Fifth Circuit · 2012
  5. United States v. Rodney LavalaisCourt of Appeals for the Fifth Circuit · 2020

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API