Legal Opinion
United States v. Tavano
Court of Appeals for the First Circuit
Decided December 29, 1993No. 93-1492PublishedCited by 56 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal requires us to clarify a sentencing court’s obligations in resolving evi-dentiary disputes over drug quantity. Because we understand the court below to have fashioned a per se rule giving controlling effect to trial'testimony, come what may, and because the court, in fidelity to its self-hewn rule, did not meaningfully consider conflicting evidence proffered by the defense, we vacate appellant’s sentence and remand for resentencing.
I. BACKGROUND
We bifurcate our account of what transpired below, first elucidating the sequence of relevant events, and then…
2Cases cited22 opinions
- Bifulco v. United StatesSupreme Court of the United States · 1980
- United States v. Fausto D. RuizCourt of Appeals for the First Circuit · 1990
- United States v. MorilloCourt of Appeals for the First Circuit · 1993
- Daniel Lenn, Etc. v. Portland School CommitteeCourt of Appeals for the First Circuit · 1993
- United States v. John L. St. CyrCourt of Appeals for the First Circuit · 1992
17 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- United States v. Yeje-CabreraCourt of Appeals for the First Circuit · 2005
- United States v. GiffordCourt of Appeals for the First Circuit · 1994
- Paul S. Dopp v. Jay Pritzker, Paul S. Dopp v. Jay PritzkerCourt of Appeals for the First Circuit · 1994
- United States v. VakninCourt of Appeals for the First Circuit · 1997
- United States v. George Labonte, United States of America v. David E. Piper, United States of America v. Alfred Lawrence Hunnewell, Stephen Dyer v. United StatesCourt of Appeals for the First Circuit · 1995
51 more not listed; retrieve them via the Exa API.