Legal Opinion
United States v. James C. Godfrey
Court of Appeals for the Eleventh Circuit
Decided May 24, 1994No. 92-8512PublishedCited by 41 opinions
1Opinion of the Court
TJOFLAT, Chief Judge:
In this case, the Government appeals a sentence imposed below the guideline sentence range for possession of an unregistered sawed-off shotgun in violation of 26 U.S.C. § 5861(d) (1988). The Government contends that the downward departure was precluded because the mitigating circumstances relied upon by the district court to depart from the sentence range prescribed by the Guidelines were adequately considered by the United States Sentencing Commission in promulgating the Guidelines. We agree, and accordingly vacate the sentence and remand the case for resentencing.
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2Cases cited12 opinions
- Williams v. United StatesSupreme Court of the United States · 1992
- United States v. Samuel ScrogginsCourt of Appeals for the Eleventh Circuit · 1989
- United States v. Rodney KirkCourt of Appeals for the Tenth Circuit · 1990
- United States v. Darlene Faye MogelCourt of Appeals for the Eleventh Circuit · 1992
- United States v. Ramon Gonzalez-LopezCourt of Appeals for the Eleventh Circuit · 1990
7 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- United States v. ShenbergCourt of Appeals for the Eleventh Circuit · 1996
- United States v. AdamsCourt of Appeals for the Eleventh Circuit · 1996
- United States v. MojicaCourt of Appeals for the Tenth Circuit · 2000
- United States v. Ivan Leon RojasCourt of Appeals for the Eleventh Circuit · 1995
- United States v. Onofre-SegarraCourt of Appeals for the Eleventh Circuit · 1997
36 more not listed; retrieve them via the Exa API.