Legal Opinion

United States v. Waters

Court of Appeals for the Ninth Circuit

Decided August 19, 2011No. 10-50256PublishedCited by 15 opinions

1Opinion of the Court

OPINION

FISHER, Circuit Judge:

We hold that, when determining a sentencing range under U.S. Sentencing Guidelines Manual (U.S.S.G.) § lB1.10(b), a district court may apply the offense level dictated by the career offender guideline, U.S.S.G. § 4B1.1, even if the district court did not apply the § 4B1.1 offense level at the defendant’s original sentencing, so long as the court determined at the original sentencing that the defendant was a career offender. Applying that rule here, we affirm the district court’s dismissal of the defendant’s motion for a reduction of sentence.

Background

2002…

2Cases cited8 opinions

  1. Dillon v. United StatesSupreme Court of the United States · 2010
  2. United States v. EvansCourt of Appeals for the Fifth Circuit · 2009
  3. United States v. LeniearCourt of Appeals for the Ninth Circuit · 2009
  4. United States v. Patricia Ann ShawCourt of Appeals for the Fifth Circuit · 1994
  5. United States v. WessonCourt of Appeals for the Ninth Circuit · 2009

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3Cited by15 opinions

  1. United States v. Melvin GordonCourt of Appeals for the Fifth Circuit · 2016
  2. United States v. Geary Waters, Jr.Court of Appeals for the Ninth Circuit · 2014
  3. United States v. JarvisCourt of Appeals for the Second Circuit · 2018
  4. United States v. Samuel Steel, IIICourt of Appeals for the Sixth Circuit · 2015
  5. United States v. Carl StevensonCourt of Appeals for the Seventh Circuit · 2014

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