Legal Opinion
United States v. Bernard Whitney
Court of Appeals for the Ninth Circuit
Decided March 26, 1986No. 85-5129PublishedCited by 33 opinions
1Per curiam
Bernard Whitney (Whitney) appeals the denial of his motion under Fed.R.Crim.P. 35(a) for correction of an illegal sentence. He argues that imposition of restitution as a probation condition was improper because the indictment counts to which he pleaded guilty did not state a specific dollar amount of actual damages, nor did the parties enter into a plea agreement that provided for restitution.
We reverse.
I. FACTS
In 1983, a federal grand jury returned a 57-count indictment against Whitney and a co-defendant for actions arising out of a fraudulent scheme to sell interests in American land to…
2Cases cited8 opinions
- United States v. Charles Ira BlackCourt of Appeals for the Ninth Circuit · 1985
- Karrell v. United StatesCourt of Appeals for the Ninth Circuit · 1950
- United States v. Howard M. GeringCourt of Appeals for the Ninth Circuit · 1983
- Karl Lee Phillips v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- United States v. Guadalupe Javier Heredia-FernandezCourt of Appeals for the Ninth Circuit · 1985
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- United States v. Robert FeldmanCourt of Appeals for the Ninth Circuit · 1988
- United States v. Wilfried Van CauwenbergheCourt of Appeals for the Ninth Circuit · 1987
- United States v. Laszlo PomaziCourt of Appeals for the Ninth Circuit · 1988
- United States v. James S. JenkinsCourt of Appeals for the Ninth Circuit · 1989
- United States v. Peter SleightCourt of Appeals for the Third Circuit · 1987
28 more not listed; retrieve them via the Exa API.