Legal Opinion
United States v. Draffin, Donald Ray
Court of Appeals for the D.C. Circuit
Decided April 26, 2002No. 01-3039PublishedCited by 17 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge HENDERSON.
KAREN LeCRAFT HENDERSON, Circuit Judge:
Donald Ray Draffin appeals his sentence on the ground that the district court erred in not departing from the sentencing range mandated by the career offender provisions of the United States Sentencing Guidelines (Guidelines). Under circuit precedent, because Draffin did not request the departure below, the failure to depart is either not reviewable or, at most, reviewable for plain error only. We conclude that the district court’s failure to grant an unrequested departure should be reviewed for…
2Cases cited14 opinions
- United States v. FradySupreme Court of the United States · 1982
- United States v. Carlos Saro, United States of America v. Cornelio Cabrera-BaezCourt of Appeals for the D.C. Circuit · 1994
- United States v. Robert A. BeckhamCourt of Appeals for the D.C. Circuit · 1992
- United States v. Shannon O. Pinnick A/K/A Scott A. BishopCourt of Appeals for the D.C. Circuit · 1995
- United States v. Gregory A. BaskinCourt of Appeals for the D.C. Circuit · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. Simpson, Joseph B.Court of Appeals for the D.C. Circuit · 2005
- United States v. James Thomas McBrideCourt of Appeals for the Sixth Circuit · 2004
- United States v. Lafayette, ShechemCourt of Appeals for the D.C. Circuit · 2003
- United States v. Charles BelkCourt of Appeals for the Second Circuit · 2003
- United States v. Rodriguez-CastilloCourt of Appeals for the First Circuit · 2003
12 more not listed; retrieve them via the Exa API.