Legal Opinion
United States v. George Woodrow Flanagan
Court of Appeals for the Fifth Circuit
Decided March 29, 1996No. 95-20468PublishedCited by 71 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
This sentencing guidelines appeal comes to us after remand. The Government appeals the district court’s application of the “safety valve” statute, 18 U.S.C. § 3553(f), which allows a court to impose a sentence below the statutory minimum sentence if the court finds that the defendant has met certain enumerated requirements. Concluding that the district court erroneously placed the burden on the Government in regard to the fifth requirement of the safety valve provision, we remand for further limited proceedings.
I. PROCEDURAL HISTORY
George Woodrow Flanagan, the…
2Cases cited11 opinions
- Chapman v. United StatesSupreme Court of the United States · 1991
- United States v. Tomas RodriguezCourt of Appeals for the Seventh Circuit · 1995
- United States v. William Delmer Edwards, Jr.Court of Appeals for the Fifth Circuit · 1995
- United States v. Jesus Acosta-OlivasCourt of Appeals for the Tenth Circuit · 1995
- United States v. Sidney Wayne IvesterCourt of Appeals for the Fourth Circuit · 1996
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3Cited by71 opinions
- United States v. MontanezCourt of Appeals for the First Circuit · 1996
- United States v. Pedro RamirezCourt of Appeals for the Seventh Circuit · 1996
- United States v. Jaime Moreno-GonzalezCourt of Appeals for the Fifth Circuit · 2011
- United States v. Uri Sheinbaum, United States of America v. Marc A. BirnbaumCourt of Appeals for the Fifth Circuit · 1998
- United States v. CruzCourt of Appeals for the Eleventh Circuit · 1997
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