Legal Opinion
United States v. Evans
Court of Appeals for the Fifth Circuit
Decided November 6, 2009No. 08-41259PublishedCited by 249 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Mark Evans moved under 18 U.S.C. § 3582(c)(2) to reduce his sentence based on the retroactive amendment of the crack cocaine offense levels. The district court granted the motion but imposed a sentence at the high end of the new sentencing range. On appeal, Evans argues (1) that the mandatory provisions of United States Sentencing Guidelines (“U.S.S.G.”) section 1B1.10 cabined the district court’s sentencing discretion in violation of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) and the separation of powers doctrine and (2) that…
2Cases cited26 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- United States v. Cisneros-GutierrezCourt of Appeals for the Fifth Circuit · 2008
- United States v. Fortino Saucedo VillegasCourt of Appeals for the Fifth Circuit · 2005
21 more not listed; retrieve them via the Exa API.
3Cited by249 opinions
- Gagnon v. United Technisource, Inc.Court of Appeals for the Fifth Circuit · 2010
- United States v. HendersonCourt of Appeals for the Fifth Circuit · 2011
- United States v. Mitchell SmallsCourt of Appeals for the Fourth Circuit · 2013
- Jimenez v. Wood CountyCourt of Appeals for the Fifth Circuit · 2011
- United States v. Odis JacksonCourt of Appeals for the Fifth Circuit · 2019
244 more not listed; retrieve them via the Exa API.