Legal Opinion
United States v. Smalley
Court of Appeals for the Third Circuit
Decided February 29, 2008No. 06-4552PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
VAN ANTWERPEN, Circuit Judge.
Appellant Rodney Smalley appeals his sentence of 71 months entered by the District Court for the District of New Jersey for bank robbery. In arriving at this sentence, the District Court applied a four-level Guidelines sentencing enhancement, finding that Smalley “otherwise used” a dangerous weapon during the course of the robbery. However, the Government concedes, and we agree, that the District Court should have applied only a three-level enhancement for “brandish[ing] or possessing]” a dangerous weapon. In its “Amended Judgment,” which was…
2Cases cited16 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Williams v. United StatesSupreme Court of the United States · 1992
- United States v. Lydia CooperCourt of Appeals for the Third Circuit · 2006
- United States v. Johnny GunterCourt of Appeals for the Third Circuit · 2006
- United States v. LessnerCourt of Appeals for the Third Circuit · 2007
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. LevinsonCourt of Appeals for the Third Circuit · 2008
- United States v. FriedmanCourt of Appeals for the Third Circuit · 2011
- United States v. WrightCourt of Appeals for the Third Circuit · 2011
- United States v. Mark ZabielskiCourt of Appeals for the Third Circuit · 2013
- United States v. Francis RaiaCourt of Appeals for the Third Circuit · 2021
24 more not listed; retrieve them via the Exa API.