Legal Opinion

United States v. Joseph Schwegel

Court of Appeals for the Third Circuit

Decided October 7, 1997No. 97-1082PublishedCited by 49 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

This appeal presents the question whether under 18 U.S.C. § 3553(a)(4), as amended in 1994, a district court, in imposing a term of imprisonment upon revocation of supervised release, is required (in the absence of grounds for departure) to impose a term within the range indicated by U.S.S.G. § 7B1.4 (Policy Statement). Prior to the 1994 amendment, we held that the sentencing ranges set out in U.S.S.G. § 7B1.4 were merely advisory. United States v. Blackston, 940 F.2d 877, 892-93 (3d Cir.1991). Since the 1994 amendment, all but one of the courts of appeals that have…

3Cases cited11 opinions

  1. United States v. Theophilus BlackstonCourt of Appeals for the Third Circuit · 1991
  2. United States v. HofierkaCourt of Appeals for the Eleventh Circuit · 1996
  3. United States v. Michael A. HaleCourt of Appeals for the Seventh Circuit · 1997
  4. United States v. Michael J. CarrCourt of Appeals for the Eighth Circuit · 1995
  5. Official Committee of Tort v. Dow Corning Corp.Supreme Court of the United States · 1997

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

4Cited by49 opinions

  1. United States v. DeesCourt of Appeals for the Third Circuit · 2006
  2. United States v. FisherCourt of Appeals for the Third Circuit · 2007
  3. United States v. Debbie H. GeorgeCourt of Appeals for the Ninth Circuit · 1999
  4. United States v. Eric L. SwanCourt of Appeals for the Third Circuit · 2002
  5. United States v. Richard PlottsCourt of Appeals for the Third Circuit · 2004

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

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