Legal Opinion
United States v. Eddie David Holbdy, Also Known as Cal, Also Known as Calvin, Also Known as Telles Terrel Powell
Court of Appeals for the Eighth Circuit
Decided June 21, 2007No. 06-3196PublishedCited by 10 opinions
1Opinion of the Court
BYE, Circuit Judge.
Eddie David Holbdy claims the district court 1 erred in denying his request for an evidentiary hearing on the government’s refusal to move for a downward departure pursuant to U.S. Sentencing Guidelines (Guidelines) § 5K1.1 or 18 U.S.C. § 3553(e). Holbdy also challenges the constitutionality of Federal Rule of Criminal Procedure 35(b) and 18 U.S.C. § 3553(e) on separation of powers grounds. This panel affirms.
Holbdy pleaded guilty to two counts of a five-count indictment: one count of conspiracy to distribute more than fifty grams of cocaine base in violation of 21 U.S.C.…
2Cases cited11 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Wade v. United StatesSupreme Court of the United States · 1992
- United States v. Amanda WilliamsCourt of Appeals for the Eighth Circuit · 2007
- United States v. Lershawn Vincent KellyCourt of Appeals for the Eighth Circuit · 1994
- United States v. Timothy Dean WolfCourt of Appeals for the Eighth Circuit · 2001
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. Carlous HortonCourt of Appeals for the Eighth Circuit · 2014
- United States v. FreemontCourt of Appeals for the Eighth Circuit · 2008
- United States v. PerezCourt of Appeals for the Eighth Circuit · 2008
- United States v. SmithCourt of Appeals for the Eighth Circuit · 2009
- United States v. FieldsCourt of Appeals for the Eighth Circuit · 2008
5 more not listed; retrieve them via the Exa API.