Legal Opinion
United States v. Wolfe
Court of Appeals for the Tenth Circuit
Decided January 31, 2006No. 04-2114PublishedCited by 51 opinions
1Opinion of the Court
EBEL, Circuit Judge.
In this direct criminal appeal, Defen-danb-Appellant Tara N. Wolfe appeals only her sentence, challenging the district court’s decision to depart upward from the then-mandatory sentencing guideline range. In reversing and remanding for resentencing, we conclude the district court erred in departing upward based on factors that impermissibly double-counted facts that were already taken into account by the guidelines’ calculation of the applicable sentencing range or by other departure factors. Further, the district court failed to explain the degree of its departure…
2Cases cited20 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. Gonzalez-HuertaCourt of Appeals for the Tenth Circuit · 2005
- United States v. Sierra-CastilloCourt of Appeals for the Tenth Circuit · 2005
15 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- United States v. AppersonCourt of Appeals for the Tenth Circuit · 2006
- United States v. AtencioCourt of Appeals for the Tenth Circuit · 2007
- United States v. PettigrewCourt of Appeals for the Tenth Circuit · 2006
- United States v. SellsCourt of Appeals for the Tenth Circuit · 2008
- United States v. HarrisCourt of Appeals for the Tenth Circuit · 2006
46 more not listed; retrieve them via the Exa API.