Legal Opinion
United States v. Sam
Court of Appeals for the Fifth Circuit
Decided October 11, 2006No. 05-10341PublishedCited by 20 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
Primarily before us for Brian Leron Sam’s bank-robbery conviction are sentencing issues related to his diminished mental capacity. He challenges the sufficiency of the evidence underlying that conviction and the district court’s refusal, at sentencing, to grant: a downward departure for his diminished mental capacity; an acceptance-of-responsibility reduction; and his Blakely (now Booker) objection, concerning application of the Sentencing Guidelines. The court erred only in its downward-departure ruling. CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED…
2Cases cited24 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- United States v. MaresCourt of Appeals for the Fifth Circuit · 2005
- Davis v. United StatesSupreme Court of the United States · 1895
- United States v. Fortino Saucedo VillegasCourt of Appeals for the Fifth Circuit · 2005
19 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United States v. LucasCourt of Appeals for the Fifth Circuit · 2008
- United States v. John TumaCourt of Appeals for the Fifth Circuit · 2013
- United States v. Osman ReyesCourt of Appeals for the Fifth Circuit · 2017
- United States v. Ashley SimpsonCourt of Appeals for the Fifth Circuit · 2018
- United States v. Francisco Valdes-RodriguezCourt of Appeals for the Fifth Circuit · 2011
15 more not listed; retrieve them via the Exa API.