Legal Opinion
United States of America, Plaintiff-Appellant-Cross-Appellee v. Alex Caperna, Defendant-Appellee-Cross-Appellant
Court of Appeals for the Ninth Circuit
Decided June 1, 2001No. 00-30149, 00-30163PublishedCited by 35 opinions
1Opinion of the Court
TROTT, Circuit Judge:
The district court departed downward from Appellant Alex Caperna’s applicable sentencing guidelines range because two of Caperna’s co-defendants received what the court deemed to be lesser sentences in light of their relative culpabilities.
The government timely appealed, and we have jurisdiction pursuant to 28 U.S.C. § 1291 (2000) and 18 U.S.C. § 3742(b) (2000). We conclude that a district court may not depart from an applicable guidelines range on the basis of sentence disparity among co-defendants unless the co-defendants were convicted of the same offense as the…
2Cases cited11 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Lee A. Rand v. James Rowland Nadim Khoury, M.D., William Bunnell Roy Lee Johnson Leo R. EstesCourt of Appeals for the Ninth Circuit · 1998
- United States v. FregaCourt of Appeals for the Ninth Circuit · 1999
- United States v. Abdul Daas, A/K/A Abdual DaasCourt of Appeals for the Ninth Circuit · 1999
- United States v. Jair De Jesus MejiaCourt of Appeals for the Ninth Circuit · 1992
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- United States v. Mike ChaseCourt of Appeals for the Eighth Circuit · 2006
- United States v. MorelandCourt of Appeals for the Ninth Circuit · 2007
- United States v. Robert Nathan AlfaroCourt of Appeals for the Ninth Circuit · 2003
- United States v. Dereck Ricardo HoskinsCourt of Appeals for the Ninth Circuit · 2002
- United States v. Marvin L. Wiseman, United States of America v. William D. MettCourt of Appeals for the Ninth Circuit · 2001
30 more not listed; retrieve them via the Exa API.