Legal Opinion
United States v. Underwood
Court of Appeals for the Fifth Circuit
Decided August 2, 1995No. 94-10432PublishedCited by 14 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
This case presents the question whether U.S.S.G. § 5K1.1, p.s. is an ultra vires act of the United States Sentencing Commission. Pursuant to a plea agreement, Jerry Durrelle Underwood pleaded guilty to possession of counterfeit currency in violation of 18 U.S.C. § 474. That plea agreement provided that the government retained discretion whether to file a motion for downward departure pursuant to § 5K1.1. The government chose not to file such a motion. Underwood now appeals, arguing among other things, that § 5K1.1, which is designated a policy statement, is invalid…
2Cases cited18 opinions
- Wade v. United StatesSupreme Court of the United States · 1992
- Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986
- United States v. WhiteCourt of Appeals for the Fifth Circuit · 1989
- United States v. BrownCourt of Appeals for the Fifth Circuit · 1993
- United States v. Alicia Rodriguez-Morales A/K/A Gloria HernandezCourt of Appeals for the Eighth Circuit · 1992
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. Clinton Manges David Wayne Myers and Carl Hubert ShanklinCourt of Appeals for the Fifth Circuit · 1997
- United States v. PriceCourt of Appeals for the Fifth Circuit · 1996
- United States v. BichselCourt of Appeals for the Eleventh Circuit · 1998
- In re Sealed CaseCourt of Appeals for the D.C. Circuit · 1998
- Jean v. GonzalesCourt of Appeals for the Fifth Circuit · 2006
9 more not listed; retrieve them via the Exa API.