Legal Opinion

United States v. Phillips

Court of Appeals for the Eleventh Circuit

Decided August 22, 1997No. 95-8850PublishedCited by 32 opinions

1Opinion of the Court

CARNES, Circuit Judge:

The district court has sentenced Robert Phillips three times in this case, the government has appealed twice, and this is the third time the case has been before this Court. Technically speaking, this appeal presents issues involving the law of the ease doctrine, the career offender sentencing guidelines, and downward departure. More broadly speaking, this is one of those eases in which the district judge struggles against the constraints of the guidelines in order to impose what he feels is a proper sentence, only to be reined in by the court of appeals. We do so,…

2Cases cited9 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. Custis v. United StatesSupreme Court of the United States · 1994
  3. United States v. J.B. Farris, United States of America v. Jeffrey Bernard BushCourt of Appeals for the Eleventh Circuit · 1996
  4. United States v. Lazaro RomanCourt of Appeals for the Eleventh Circuit · 1993
  5. United States v. MauriceCourt of Appeals for the Eleventh Circuit · 1995

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3Cited by32 opinions

  1. United States v. SanchezCourt of Appeals for the Eleventh Circuit · 2009
  2. United States v. HofferCourt of Appeals for the Eleventh Circuit · 1997
  3. United States v. Luis Tejeda, Ramon FriasCourt of Appeals for the Second Circuit · 1998
  4. United States v. Terrence SmithCourt of Appeals for the Eleventh Circuit · 2002
  5. United States v. LongstreetCourt of Appeals for the Fifth Circuit · 2010

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

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