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Legal Opinion

United States v. James M. Funk

Court of Appeals for the Sixth Circuit

Decided February 22, 2007No. 05-3708PublishedCited by 40 opinions

1Opinion of the Court

OPINION

ALICE M. BATCHELDER, Circuit Judge.

The government appeals the 150-month sentence imposed by the district court after we remanded James Funk’s case for re-sentencing in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See United States v. Funk, 124 Fed.Appx. 987, 991 (6th Cir. 2005) (unpublished) (remanding pursuant to United States v. Barnett, 398 F.3d 516, 527-28 (6th Cir.2005)). Because we conclude that the district court considered “impermissible factors” and failed adequately to justify its substantial downward variance from the applicable…

2Cases cited17 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Mistretta v. United StatesSupreme Court of the United States · 1989
  3. Williams v. United StatesSupreme Court of the United States · 1992
  4. United States v. Bernard Chester WebbCourt of Appeals for the Sixth Circuit · 2005
  5. United States v. Yervin K. BarnettCourt of Appeals for the Sixth Circuit · 2005

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

3Cited by40 opinions

  1. United States v. LangfordCourt of Appeals for the Third Circuit · 2008
  2. United States v. ThomasCourt of Appeals for the Sixth Circuit · 2007
  3. United States v. Norman BorhoCourt of Appeals for the Sixth Circuit · 2007
  4. United States v. Michael D. JohnsonCourt of Appeals for the Sixth Circuit · 2007
  5. United States v. PoynterCourt of Appeals for the Sixth Circuit · 2007

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

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