Legal Opinion
United States v. Phipps
Court of Appeals for the Fifth Circuit
Decided April 26, 2004No. 03-10427PublishedCited by 8 opinions
1Opinion of the Court
CARL E. STEWART, Circuit Judge:
In this criminal appeal, Michael Shane Phipps and Dean Rayburn Gilley challenge their sentences imposed on remand, arguing that the district court impermissi-bly upwardly departed at resentencing by ordering that their kidnaping and carjacking sentences run consecutively. For the following reasons, we hold that the district court was free to reconsider an upward departure through consecutive sentencing on remand and that, on the facts presented, such upward departure was both warranted by the existence of aggravating factors and reasonable in degree. We…
2Cases cited22 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Messenger v. AndersonSupreme Court of the United States · 1912
- United States v. Richard Harmon BellCourt of Appeals for the First Circuit · 1993
- United States v. United States Smelting Refining & Mining Co.Supreme Court of the United States · 1950
- United States v. MatthewsCourt of Appeals for the Fifth Circuit · 2002
17 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. AndrewsCourt of Appeals for the Fifth Circuit · 2004
- United States v. BegayeCourt of Appeals for the Tenth Circuit · 2011
- United States v. LynchCourt of Appeals for the Fifth Circuit · 2004
- Gilley v. United StatesSupreme Court of the United States · 2005
- Meza v. United StatesSupreme Court of the United States · 2005
3 more not listed; retrieve them via the Exa API.