Legal Opinion
United States v. McMinn
Court of Appeals for the First Circuit
Decided January 13, 1997No. 96-1592PublishedCited by 22 opinions
1Opinion of the Court
CYR, Circuit Judge.
Appellant Robert McMinn mounts four challenges to the sentence imposed following his conviction on several felony counts relating to his acquisition, interstate transportation, and sale of stolen audio and video components. See 18 U.S.C. §§ 371, 2314 & 2315. As the sentence enhancement imposed pursuant to U.S.S.G. § 2B1.1(b)(4)(B) for engaging “in the business of receiving and selling stolen property” (“ITB” enhancement) constituted error, we vacate the district court judgment and remand for resentencing.
I
DISCUSSION
A. Upward Departure (U.S.S.G. § 4A1.3)
The district court…
2Cases cited19 opinions
- Stinson v. United StatesSupreme Court of the United States · 1993
- Heflin v. United StatesSupreme Court of the United States · 1959
- Milanovich v. United StatesSupreme Court of the United States · 1961
- United States v. Campos-SerranoSupreme Court of the United States · 1971
- United States v. John L. St. CyrCourt of Appeals for the First Circuit · 1992
14 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. Rodney Robert Kimbrew, A.K.A. Carlton CochranCourt of Appeals for the Ninth Circuit · 2005
- United States v. Stanley CottmanCourt of Appeals for the Third Circuit · 1998
- United States v. BrewsterCourt of Appeals for the First Circuit · 1997
- United States v. Serrano-BeauvaixCourt of Appeals for the First Circuit · 2005
- United States v. Trinidad-AcostaCourt of Appeals for the First Circuit · 2014
17 more not listed; retrieve them via the Exa API.