Legal Opinion

United States v. Franklin Delano Joan

Court of Appeals for the Sixth Circuit

Decided August 25, 1989No. 88-3857PublishedCited by 115 opinions

1Opinion of the Court

GILMORE, District Judge:

The issue in this case is whether the sentencing judge’s upward departure from the Sentencing Guidelines was justified. We find that it was, and affirm.

I

On February 18, 1988, a Grand Jury for the Southern District of Ohio at Columbus returned a ten-count indictment against Franklin Delano Joan, Gary Cabbie Willis, and Gayle Cordell. Count 1 charged the appellant with conspiracy to possess with intent to distribute marijuana; Count 2 charged possession with intent to distribute marijuana; Counts 3, 4, 5, 6 and 7 charged that, on several dates, Appellant used a telephone…

2Cases cited11 opinions

  1. Mistretta v. United StatesSupreme Court of the United States · 1989
  2. United States v. Wilfredo Diaz-VillafaneCourt of Appeals for the First Circuit · 1989
  3. United States v. Juventino Mejia-OroscoCourt of Appeals for the Fifth Circuit · 1989
  4. United States v. Ryan, JeremiahCourt of Appeals for the Third Circuit · 1989
  5. United States v. Humberto CervantesCourt of Appeals for the Second Circuit · 1989

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

3Cited by115 opinions

  1. United States v. Jose Jesus Lira-BarrazaCourt of Appeals for the Ninth Circuit · 1991
  2. United States of America, Cross-Appellant v. Lawrence Douglas Todd, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1990
  3. United States v. Gilberto Ocasio, A/K/A Gilberto Ocasio AgostoCourt of Appeals for the First Circuit · 1990
  4. United States v. Herrera-ZunigaCourt of Appeals for the Sixth Circuit · 2009
  5. United States v. Jeffrey Wayne DuncanCourt of Appeals for the Sixth Circuit · 1990

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

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