Legal Opinion

United States v. Kennedy

Court of Appeals for the Third Circuit

Decided February 4, 2009No. 08-1172PublishedCited by 33 opinions

1Opinion of the Court

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

Dianne Kennedy appeals the District Court’s judgment of sentence following her pleas of guilty to ten counts of an indictment. Kennedy challenges three enhancements pursuant to the United States Sentencing Guidelines (Guidelines or USSG). The application of one of those enhancements — the number of victims pursuant to USSG § 2B1.1(b)(2) — has challenged trial and appellate courts because the language of the enhancement and its commentary define “victim” more narrowly than the commonsense understanding of that term. We hold that we are bound by the…

2Cases cited22 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Colautti v. FranklinSupreme Court of the United States · 1979
  3. Stenberg v. CarhartSupreme Court of the United States · 2000
  4. United States v. Sean Michael GrierCourt of Appeals for the Third Circuit · 2007
  5. Webster v. Reproductive Health ServicesSupreme Court of the United States · 1989

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3Cited by33 opinions

  1. United States v. PaniceCourt of Appeals for the Seventh Circuit · 2010
  2. United States v. Allen SmithCourt of Appeals for the Third Circuit · 2014
  3. United States v. Okechukwo OtuyaCourt of Appeals for the Fourth Circuit · 2013
  4. United States v. Joanne TragasCourt of Appeals for the Sixth Circuit · 2013
  5. United States v. Kenneth DouglasCourt of Appeals for the Third Circuit · 2018

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

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