Legal Opinion

United States v. Sidney Wayne Ivester

Court of Appeals for the Fourth Circuit

Decided February 15, 1996No. 94-5866PublishedCited by 60 opinions

1Opinion of the Court

Affirmed by published opinion.- Judge RUSSELL wrote the majority opinion, in which Senior Judge MICHAEL joined. Judge HALL wrote a dissenting opinion.

OPINION

DONALD RUSSELL, Circuit Judge:

Sidney Wayne Ivester appeals the district court’s order sentencing him to a statutorily-mandated term of five years imprisonment for his role in a conspiracy to manufacture marijuana. Ivester contends the district court erred in faffing to accord him a downward departure from the statutorily-mandated minimum sentence in accordance with a recent amendment to the sentencing statute, 18 U.S.C. § 3553. For the…

2Cases cited10 opinions

  1. Freytag v. CommissionerSupreme Court of the United States · 1991
  2. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  3. United States v. Raymond Francis BayerleCourt of Appeals for the Fourth Circuit · 1990
  4. United States v. Tomas RodriguezCourt of Appeals for the Seventh Circuit · 1995
  5. United States v. Jesus Acosta-OlivasCourt of Appeals for the Tenth Circuit · 1995

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3Cited by60 opinions

  1. United States v. RuizSupreme Court of the United States · 2002
  2. United States v. Kenyatta Brack, Patrick Henderson, Willie Tyler, Nicholas Martinez, Maurita Stovall, and Dana RichardsonCourt of Appeals for the Seventh Circuit · 1999
  3. 96 Cal. Daily Op. Serv. 4598, 96 Daily Journal D.A.R. 7402 United States of America v. Prakash Man Shrestha, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1996
  4. United States v. Mathis, Eddie J.Court of Appeals for the D.C. Circuit · 2000
  5. United States of America, Plaintiff-Appellant/cross-Appellee v. Jackson C. O'dell, Iii, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2001

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