Legal Opinion
United States of America, Appellee-Cross-Appellant v. Leonard Joyner, Defendant-Appellant-Cross-Appellee, Jose Valentin
Court of Appeals for the Second Circuit
Decided January 24, 1991No. 114, 222, Dockets 90-1171, 90-1224PublishedCited by 124 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge:
This challenge to a criminal sentence raises two issues concerning the Sentencing Guidelines. The first, which recurs with some frequency, is whether the quantity of narcotics deemed relevant to the offense of conviction was properly calculated. The second, occurring less frequently but implicating fundamental aspects of the guideline system, is whether a downward departure may be made because of the disparity among sentences of co-defendants, in this case, a departure based on the sentencing judge’s view that the difference between a defendant’s guideline range…
2Cases cited17 opinions
- Pinkerton v. United StatesSupreme Court of the United States · 1946
- Mistretta v. United StatesSupreme Court of the United States · 1989
- United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924
- United States v. Won Tae KimCourt of Appeals for the Second Circuit · 1990
- United States v. Rogelio Lara, Carlos Morales, Francisco Delgado, Carlos MoralesCourt of Appeals for the Second Circuit · 1990
12 more not listed; retrieve them via the Exa API.
3Cited by124 opinions
- United States v. Oscar Rosa, Vincent Lopez, Ricardo Rodriguez, Hector Hernandez, and Armando VelasquezCourt of Appeals for the Second Circuit · 1993
- United States v. JacobsonCourt of Appeals for the Second Circuit · 1994
- United States v. William BokunCourt of Appeals for the Second Circuit · 1995
- United States v. RahmanCourt of Appeals for the Second Circuit · 1999
- United States v. Jose D. FlorezCourt of Appeals for the Second Circuit · 2006
119 more not listed; retrieve them via the Exa API.