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Legal Opinion

United States v. John Derek O'Brien

Court of Appeals for the Fifth Circuit

Decided April 20, 1994No. 93-8291PublishedCited by 18 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We conclude that John O’Brien’s posteon-vietion community service did not justify a downward departure and remand for resen-tencing.

I

John O’Brien pled guilty in 1990 to charges of conspiracy and possession with intent to distribute more than fifty marijuana plants. 21 U.S.C. §§ 841(a)(1) & 846. The probation officer, based on O’Brien’s offense level of 22 and criminal history category of I, calculated a Guideline sentence of 41 to 51 months imprisonment, to be followed by three to five years’ supervised release on both of the counts to which O’Brien pled…

2Cases cited12 opinions

  1. United States v. Juventino Mejia-OroscoCourt of Appeals for the Fifth Circuit · 1989
  2. United States v. Uriel Lara-VelasquezCourt of Appeals for the Fifth Circuit · 1990
  3. United States v. James E. CareyCourt of Appeals for the Seventh Circuit · 1990
  4. United States v. Terry Wayne Denson, Stephen Orlando and Joseph James Janish, in Re United States of AmericaCourt of Appeals for the Fifth Circuit · 1979
  5. United States v. Robert Donald RussellCourt of Appeals for the First Circuit · 1989

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

3Cited by18 opinions

  1. United States v. DeMasiCourt of Appeals for the First Circuit · 1994
  2. United States v. BurlesonCourt of Appeals for the Fifth Circuit · 1994
  3. United States v. Terry Lynn WintersCourt of Appeals for the Fifth Circuit · 1999
  4. United States v. AlvarezCourt of Appeals for the Fifth Circuit · 1995
  5. United States v. WintersCourt of Appeals for the Fifth Circuit · 1997

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

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