Legal Opinion
United States v. Rose
District Court, E.D. New York
Decided May 17, 1995No. CR 94-243 (JBW)PublishedCited by 8 opinions
1Opinion of the Court
Amended Memorandum and Order
WEINSTEIN, Senior District Judge.
I. INTRODUCTION
The defendant has assumed the role of surrogate father to four young second cousins, who are being raised by his maternal grandmother. His relationship with these children is a proper basis for departure under U.S.S.G. § 5H1.6 (“family ties and responsibilities”). That the children are neither his biological nor legal offspring does not change this result.
II. FACTS
The defendant, a 27-year-old African-American, pled guilty to interstate receipt of a firearm. 18 U.S.C. § 922(a)(3). He had no prior criminal record.
Raised…
2Cases cited14 opinions
- Gomez v. PerezSupreme Court of the United States · 1973
- Mills v. HabluetzelSupreme Court of the United States · 1982
- United States v. Cynthia JohnsonCourt of Appeals for the Second Circuit · 1992
- United States v. Didier Alba John Gonzalez Marizol Vasquez, John GonzalezCourt of Appeals for the Second Circuit · 1991
- United States v. N. Slade SharpsteenCourt of Appeals for the Second Circuit · 1990
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. Michael GalanteCourt of Appeals for the Second Circuit · 1997
- United States v. BlarekDistrict Court, E.D. New York · 1998
- United States v. GuiroDistrict Court, E.D. New York · 1995
- United States v. DeRiggiDistrict Court, E.D. New York · 1995
- United States v. ThompsonDistrict Court, D. Massachusetts · 1999
3 more not listed; retrieve them via the Exa API.