Legal Opinion

United States v. McLean

District Court, E.D. Pennsylvania

Decided August 8, 2016No. 13-CR-487PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

McHugh, District Judge

The latitude given to federal authorities in charging drug offenses has been described as creating a “terrifying capacity for escalation of a defendant’s sentence.”1 This case exemplifies that reality, as a defendant caught by an undercover “sting” operation faces a Guideline sentence of 35 years to life imprisonment, with a mandatory minimum sentence of 25 years, because of a professed willingness to rob a drug stash house that was invented entirely by Government agents, containing a fictional amount of drugs chosen by those agents. At sentencing,…

2Cases cited43 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. County of Sacramento v. LewisSupreme Court of the United States · 1998
  4. United States v. SalernoSupreme Court of the United States · 1987
  5. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989

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3Cited by5 opinions

  1. United States v. Askia WashingtonCourt of Appeals for the Third Circuit · 2017
  2. United States v. Tracy ConleyCourt of Appeals for the Seventh Circuit · 2017
  3. United States v. Daryle SellersCourt of Appeals for the Ninth Circuit · 2018
  4. United States v. Askia WashingtonCourt of Appeals for the Third Circuit · 2017
  5. United States v. Askia WashingtonCourt of Appeals for the Third Circuit · 2017

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