Legal Opinion
United States v. Burns
Court of Appeals for the Eighth Circuit
Decided August 27, 2007No. 04-2901, 04-2933PublishedCited by 21 opinions
1Opinion of the Court
WOLLMAN, Circuit Judge.
The United States appealed as excessive the downward departure granted by the district court for Burns’s substantial assistance. Burns cross-appealed, arguing that the district court erred by selecting an incorrect guidelines range as a departure starting point. After a divided panel of this court affirmed, United States v. Burns, 438 F.3d 826 (8th Cir.2006), we granted the government’s petition for a rehearing en banc and vacated the panel opinion. We now reverse the district court’s departure and affirm its starting point.
I
Burns was indicted on one count of conspiracy…
2Cases cited25 opinions
- Rita v. United StatesSupreme Court of the United States · 2007
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. Darrin Todd HaackCourt of Appeals for the Eighth Circuit · 2005
- United States v. Shelly MashekCourt of Appeals for the Eighth Circuit · 2005
- Melendez v. United StatesSupreme Court of the United States · 1996
20 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. MyersCourt of Appeals for the Eighth Circuit · 2007
- United States v. Solis-BermudezCourt of Appeals for the Eighth Circuit · 2007
- United States v. BurnsCourt of Appeals for the Eighth Circuit · 2009
- United States v. JonesCourt of Appeals for the Eighth Circuit · 2007
- United States v. FreemontCourt of Appeals for the Eighth Circuit · 2008
16 more not listed; retrieve them via the Exa API.