Legal Opinion

United States v. Rex Alan Lawton Iii, United States of America v. Margaret Marie Baheza

Court of Appeals for the Ninth Circuit

Decided September 27, 1999No. 98-30267, 98-30283PublishedCited by 24 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

This case requires us to determine the proper purposes for which a judge under the Sentencing Guidelines can consider real offense conduct outside the scope of the charges included in a plea agreement. We recognize that the Guidelines are premised upon a delicate balance between real offense and charge offense sentencing. See USSG § lA4(a), p.s. Maintaining this balance is particularly difficult, and particularly important, in the context of plea bargains.

Prosecutors suspected either Lawton or Baheza or both had abused their infant daughter, but they doubted they could…

2Cases cited24 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. Hanlon v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 1998
  3. United States v. WattsSupreme Court of the United States · 1997
  4. Braxton v. United StatesSupreme Court of the United States · 1991
  5. United States v. Won Tae KimCourt of Appeals for the Second Circuit · 1990

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3Cited by24 opinions

  1. United States v. Esly Pereira-SalmeronCourt of Appeals for the Ninth Circuit · 2003
  2. United States v. Van AlstyneCourt of Appeals for the Ninth Circuit · 2009
  3. United States v. McENRYCourt of Appeals for the Ninth Circuit · 2011
  4. United States v. TapiaCourt of Appeals for the Ninth Circuit · 2011
  5. United States v. Yoshio TakahashiCourt of Appeals for the Ninth Circuit · 2000

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

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