Legal Opinion

United States v. John W. McDowell Jr.

Court of Appeals for the Third Circuit

Decided October 25, 1989No. 89-3265, 89-3266PublishedCited by 184 opinions

1Opinion of the Court

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal of the sentence meted out to the appellant, John W. McDowell, Jr., presents a question of first impression for this court. We must initially determine the burden of proof with respect to facts relevant in the calculation of a sentence under the new Sentencing Guidelines. Then we must determine this court’s scope of review with regard to those determinations of fact.

McDowell pled guilty to a count of knowingly making a false statement material to the lawfulness of the sale of a firearm in violation of 18 U.S.C. § 922(a)(6), a count of…

2Cases cited13 opinions

  1. Meachum v. FanoSupreme Court of the United States · 1976
  2. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  3. Townsend v. BurkeSupreme Court of the United States · 1948
  4. United States v. Procter & Gamble Co.Supreme Court of the United States · 1958
  5. Douglas Oil Co. of Cal. v. Petrol Stops NorthwestSupreme Court of the United States · 1979

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

3Cited by184 opinions

  1. United States v. Kikumura, YuCourt of Appeals for the Third Circuit · 1990
  2. United States v. WaltonCourt of Appeals for the Sixth Circuit · 1990
  3. United States v. Richard O. BertoliCourt of Appeals for the Third Circuit · 1994
  4. United States v. Dario RestrepoCourt of Appeals for the Ninth Circuit · 1991
  5. United States v. GibbsCourt of Appeals for the Third Circuit · 1999

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

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