Legal Opinion

United States v. Francis Weekly, Also Known as Frank, Also Known as Beverly Ken Braddock and Donna Romero

Court of Appeals for the Eighth Circuit

Decided July 23, 1997No. 96-1513, 96-1516 and 96-1532PublishedCited by 11 opinions

1Opinion of the Court

With permission of the panel, Judge Bright’s dissent is modified to read as follows:

2DissentBright, Circuit Judge

I dissent.

This case provides a disturbing glimpse into the underbelly of prosecuting non-violent, first time drug offenders under mandatory minimum sentences. The district court sentenced Donna Romero, a first time offender and the mother of three young children, to a five-year mandatory minimum term of incarceration. Her request for a reduced sentence under the safety valve provision of 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2 was denied. In my view, this case should be remanded for resentencing because the…

3Cases cited5 opinions

  1. United States v. Larry Edward Hiveley, United States of America v. Ansil Ezra HenryCourt of Appeals for the Eighth Circuit · 1995
  2. Robert J. Brown v. John F. Darcy, A/K/A Jack Darcy, an Individual Ducommun, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1986
  3. United States v. Jerome Williams, United States of America v. Zachary Marshall, United States of America v. Darryl PriceCourt of Appeals for the Eighth Circuit · 1996
  4. United States v. David Kwong, Also Known as George Kwong, Also Known as Ken Chan, and Also Known as Zura KwongCourt of Appeals for the Second Circuit · 1995
  5. United States v. Jose Erik GuerraCourt of Appeals for the Eighth Circuit · 1997

4Cited by11 opinions

  1. United States v. Spotted ElkCourt of Appeals for the Eighth Circuit · 2008
  2. United States v. Juan Ramon Velasquez and Fidel Antonio VelasquezCourt of Appeals for the Eighth Circuit · 1998
  3. United States v. Oscar Hernandez RiosCourt of Appeals for the Eighth Circuit · 1999
  4. United States v. Abel Sanchez-RochaCourt of Appeals for the Eighth Circuit · 2006
  5. United States v. Andrew JonesCourt of Appeals for the Eighth Circuit · 1998

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