Legal Opinion

United States v. James Kirkland

Court of Appeals for the Fifth Circuit

Decided March 17, 2017No. 16-40255 consolidated w/ 16-40256PublishedCited by 16 opinions

1Opinion of the Court

JAMES L. DENNIS, Circuit Judge:

James Robert Kirkland appeals his sentence for attempting to use a means of interstate commerce to persuade, induce, entice, or coerce a minor to engage in sexual activity for which any person can be charged with a criminal offense, in violation of 18 U.S.C.- § 2422(b). Kirkland pleaded guilty to the offense pursuant to a plea agreement that required the Government to recommend a sentence at the low end of the applicable guidelines range of 262-327 months. At sentencing, however, rather than recommend the low end of the guidelines range, the Government…

2Cases cited15 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Santobello v. New YorkSupreme Court of the United States · 1971
  3. Puckett v. United StatesSupreme Court of the United States · 2009
  4. Molina-Martinez v. United StatesSupreme Court of the United States · 2016
  5. United States v. Jose Escalante-ReyesCourt of Appeals for the Fifth Circuit · 2012

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3Cited by16 opinions

  1. United States v. Johnny EdgellCourt of Appeals for the Fourth Circuit · 2019
  2. United States v. Curtis CluffCourt of Appeals for the Fifth Circuit · 2017
  3. United States v. Robert Brandon MaloneCourt of Appeals for the Eleventh Circuit · 2022
  4. United States v. MalmquistCourt of Appeals for the Fifth Circuit · 2024
  5. United States v. StoglinCourt of Appeals for the Fifth Circuit · 2022

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