Legal Opinion
United States v. John P. Davern
Court of Appeals for the Sixth Circuit
Decided July 21, 1992No. 90-3681PublishedCited by 65 opinions
1Opinion of the Court
KENNEDY, Circuit Judge.
This case requires us to decide the Sentencing Guidelines to be applied where the defendant negotiated and paid for a half kilogram of cocaine but actually received only 85 grams. We hold that the amount negotiated for should determine defendant’s sentence, and we AFFIRM the District Court.
I
In November 1989, defendant agreed to purchase 500 grams of cocaine for $10,500 from an undercover FBI drug enforcement agent. The agent actually transferred to defendant a plastic bag weighing 1,070 grams which contained a small plastic bag of cocaine weighing 85 grams enclosed in a…
2Cases cited9 opinions
- Chapman v. United StatesSupreme Court of the United States · 1991
- Burns v. United StatesSupreme Court of the United States · 1991
- United States v. WhiteCourt of Appeals for the Seventh Circuit · 1989
- United States v. Alfredo PerezCourt of Appeals for the Sixth Circuit · 1989
- United States v. Sammy Lee SmithCourt of Appeals for the Sixth Circuit · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- United States v. Ira Silverman (90-3205) Morris G. Woodard (90-5816) and Gary Caton (90-5733/91-6506)Court of Appeals for the Sixth Circuit · 1992
- United States v. Eddie Lee GallowayCourt of Appeals for the Eighth Circuit · 1992
- United States v. FieldsCourt of Appeals for the Fifth Circuit · 1996
- United States v. Alan Masters and James D. KeatingCourt of Appeals for the Seventh Circuit · 1992
- United States v. Russell Terry WilliamsCourt of Appeals for the Eighth Circuit · 1993
60 more not listed; retrieve them via the Exa API.