Legal Opinion
United States v. Malone
Court of Appeals for the Sixth Circuit
Decided October 4, 2007No. 06-2099PublishedCited by 24 opinions
1Opinion of the Court
OPINION
McKEAGUE, Circuit Judge.
In this Government appeal, it is argued, Appellee Oscar Malone’s 24-month sentence, which represents a 27-month downward variance 1 from the Guidelines range of 51 to 63 months, is unreasonable. The Government argues, inter alia, that by considering the sentence the defendant would have received had he been convicted in state court, the district court relied on an impermissible factor. For the reasons stated below, we agree and hold that a district court’s consideration of a defendant’s possible state court sentence as part of its ■ sentencing calculus is…
2Cases cited12 opinions
- United States v. BookerSupreme Court of the United States · 2004
- United States v. WilliamsCourt of Appeals for the Eleventh Circuit · 2006
- United States v. William J. DavisCourt of Appeals for the Sixth Circuit · 2006
- United States v. Norman BorhoCourt of Appeals for the Sixth Circuit · 2007
- United States v. SnyderCourt of Appeals for the First Circuit · 1998
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. PhinazeeCourt of Appeals for the Sixth Circuit · 2008
- United States v. Richard ParrishCourt of Appeals for the Sixth Circuit · 2019
- United States v. Rene BoucherCourt of Appeals for the Sixth Circuit · 2019
- United States v. CabreraCourt of Appeals for the Sixth Circuit · 2016
- United States v. ReclaCourt of Appeals for the Sixth Circuit · 2009
19 more not listed; retrieve them via the Exa API.