Legal Opinion

United States v. Jimmy M. Tsosie

Court of Appeals for the Tenth Circuit

Decided January 14, 1994No. 93-2145PublishedCited by 31 opinions

1Opinion of the Court

GODBOLD, Senior Circuit Judge:

In this case we must decide whether under U.S.S.G. § 5K2.0 and 18 U.S.C. § 3553(b) the facts present “aggravating or mitigating circumstance[s] of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described” so as to allow a downward departure in sentencing. We conclude that they do. However, the record does not permit us to review whether the district court’s departure from a guideline range of 41-51 months to a four month sentence was…

2Cases cited15 opinions

  1. Williams v. United StatesSupreme Court of the United States · 1992
  2. United States of America, Cross-Appellant v. Irma Pena, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1991
  3. United States v. Gregory J. WhiteCourt of Appeals for the Tenth Circuit · 1990
  4. United States v. Robert Donald RussellCourt of Appeals for the First Circuit · 1989
  5. United States v. Ira Marvin DickeyCourt of Appeals for the Ninth Circuit · 1991

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

3Cited by31 opinions

  1. United States v. Stacey C. Koon, Cross-Appellee. United States of America v. Laurence M. Powell, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1994
  2. United States v. David Yazzie Jones, Jr.Court of Appeals for the Tenth Circuit · 1998
  3. United States v. ArchuletaCourt of Appeals for the Tenth Circuit · 1997
  4. United States of America, Cross-Appellee v. Geneva Gallegos, Also Known as Leann RaelCourt of Appeals for the Tenth Circuit · 1997
  5. United States v. Gregory Checora, Warrenell Cuch, Bobby Redcap, and Reuben Cuch, Jr.Court of Appeals for the Tenth Circuit · 1999

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

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