Legal Opinion

United States v. Rostoff

Court of Appeals for the First Circuit

Decided April 24, 1995No. 93-1376PublishedCited by 81 opinions

1Opinion of the Court

SELYA, Circuit Judge.

In this case, the district court departed downward from the guideline sentencing range (GSR) as to each of five defendants on the theory that the harm attributed to them, measured by the amount of loss sustained by the victim, overstated the seriousness of the offense of conviction. The government now asks us to evaluate both the lawfulness of the downward departures and the propriety of the court’s role-in-the-offense adjustments for two defendants, David and Steven Ros-toff. We uphold the sentences of all defendants except the Rostoffs (who must be re-sentenced as a…

2Cases cited40 opinions

  1. Paterson-Leitch Company, Inc. v. Massachusetts Municipal Wholesale Electric CompanyCourt of Appeals for the First Circuit · 1988
  2. Burns v. United StatesSupreme Court of the United States · 1991
  3. United States v. Wilfredo Diaz-VillafaneCourt of Appeals for the First Circuit · 1989
  4. United States v. Mirna Rivera, United States v. Robert AdamoCourt of Appeals for the First Circuit · 1993
  5. United States v. William A. DietzCourt of Appeals for the First Circuit · 1991

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

3Cited by81 opinions

  1. David v. United StatesCourt of Appeals for the First Circuit · 1998
  2. United States v. GracianiCourt of Appeals for the First Circuit · 1995
  3. United States v. VakninCourt of Appeals for the First Circuit · 1997
  4. United States v. RanneyCourt of Appeals for the First Circuit · 2002
  5. United States v. AlegriaCourt of Appeals for the First Circuit · 1999

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

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