United States v. Barker
Court of Appeals for the Ninth Circuit
1Opinion of the Court
CANBY, Circuit Judge:
Each appellant pleaded guilty to one count arising from participation in a single shipment of marijuana that was part of a large and protracted marijuana smuggling operation. Each was sentenced to the maximum term permitted by statute. On appeal, each contends that the district court abused its ordinarily wide discretion in sentencing by failing adequately to consider individualized factors. We agree, vacate appellants’ sentences, and remand for individualized resentencing in accord with this opinion.
BACKGROUND
From 1977 to 1981, a large-scale drug smuggling organization…
2Cases cited21 opinions
- Solem v. HelmSupreme Court of the United States · 1983
- Williams v. New YorkSupreme Court of the United States · 1949
- Pell v. ProcunierSupreme Court of the United States · 1974
- United States v. TuckerSupreme Court of the United States · 1972
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
16 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- United States v. BakerCourt of Appeals for the Ninth Circuit · 1993
- United States v. Richard StewartCourt of Appeals for the Ninth Circuit · 1985
- United States v. Jerry Alfred WhitworthCourt of Appeals for the Ninth Circuit · 1988
- State v. WindsorIdaho Supreme Court · 1985
- United States v. Joseph Samuel Kinsey, United States of America v. Albert KinseyCourt of Appeals for the Ninth Circuit · 1988
64 more not listed; retrieve them via the Exa API.