Legal Opinion
United States v. Kenneth Robert Pearce, United States of America v. Homer Grady Chapman
Court of Appeals for the Fourth Circuit
Decided September 13, 1999No. 98-4416, 98-4563PublishedCited by 34 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge Murnaghan and Judge Wilkins joined.
OPINION
NIEMEYER, Circuit Judge:
Kenneth Pearce and Homer Chapman pled guilty to conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. At their sentencings, the government made a motion under U.S.S.G. § 5K1.1 for a down ward departure for both defendants based on their substantial assistance, recommending a three-level departure. The district court disregarded the government’s recommendation and, claiming a “rare instance” of “total discretion,” departed…
2Cases cited15 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Koon v. United StatesSupreme Court of the United States · 1996
- Williams v. United StatesSupreme Court of the United States · 1992
- United States v. Marius CanoyCourt of Appeals for the Seventh Circuit · 1994
- United States v. Abel A. Mariano, Jr., United States of America v. Barry ButterworthCourt of Appeals for the First Circuit · 1993
10 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- United States v. Brian A. Moreland, United States of America v. Brian A. MorelandCourt of Appeals for the Fourth Circuit · 2006
- United States v. Charles Aaron GreenCourt of Appeals for the Fourth Circuit · 2006
- Hunter v. Earthgrains Co. BakeryCourt of Appeals for the Fourth Circuit · 2002
- United States v. HoodCourt of Appeals for the Fourth Circuit · 2009
- United States v. Rolando Stockton, United States of America v. Rolando StocktonCourt of Appeals for the Fourth Circuit · 2003
29 more not listed; retrieve them via the Exa API.