Legal Opinion
United States v. James Michael Brown
Court of Appeals for the Ninth Circuit
Decided February 10, 1993No. 92-50247PublishedCited by 58 opinions
1Opinion of the Court
CANBY, Circuit Judge:
Defendant-appellant James Michael Brown challenges the district court’s refusal, in sentencing him following his convic tion on three counts of bank robbery, to depart downward from the applicable guideline range. Because we conclude that the district court acted under the erroneous impression that it lacked authority to depart, we vacate Brown’s sentence and remand his case for resentencing.
BACKGROUND
Brown pleaded guilty to three counts of unarmed bank robbery in violation of 18 U.S.C. § 2113(a). His six prior felony convictions placed him in the “career offender”…
2Cases cited16 opinions
- United States v. Jose Jesus Lira-BarrazaCourt of Appeals for the Ninth Circuit · 1991
- United States v. Lucio MoralesCourt of Appeals for the Ninth Circuit · 1990
- United States v. James E. CareyCourt of Appeals for the Seventh Circuit · 1990
- United States v. Jose Fernando Garcia-GarciaCourt of Appeals for the Ninth Circuit · 1991
- United States v. Arthur LiebermanCourt of Appeals for the Third Circuit · 1992
11 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- United States v. Arias-VillanuevaCourt of Appeals for the Ninth Circuit · 1993
- United States v. James CollinsCourt of Appeals for the Tenth Circuit · 1997
- United States v. Jose Garza CantuCourt of Appeals for the Ninth Circuit · 1993
- United States v. Leo AsberryCourt of Appeals for the Ninth Circuit · 2005
- United States v. Michael Wayne EatonCourt of Appeals for the Ninth Circuit · 1994
53 more not listed; retrieve them via the Exa API.