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Legal Opinion

United States v. Michael P. Schaefer

Court of Appeals for the Fourth Circuit

Decided August 13, 1997No. 95-5854PublishedCited by 29 opinions

1Opinion of the Court

Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge NIEMEYER and Judge HAMILTON joined.

OPINION

WILKINS, Circuit Judge:

Following a hearing during which Michael P. Schaefer admitted to having committed probation violations, the district court determined that it was “constrained” to impose a sentence within the guideline range of 46-57 months imprisonment applicable when Schae-fer initially was sentenced. J.A. 108. Schae-fer appeals the 46-month sentence subsequently imposed, arguing that the district court erred in concluding that it lacked discretion to depart…

2Cases cited9 opinions

  1. Wade v. United StatesSupreme Court of the United States · 1992
  2. Hughey v. United StatesSupreme Court of the United States · 1990
  3. United States v. Novenda L. CookCourt of Appeals for the Fourth Circuit · 1989
  4. United States v. James L. DiamondCourt of Appeals for the Tenth Circuit · 1992
  5. United States v. James Darnell WallaceCourt of Appeals for the Fourth Circuit · 1994

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3Cited by29 opinions

  1. In Re Sealed Case No. 97-3112Court of Appeals for the D.C. Circuit · 1999
  2. United States v. Sandra CookCourt of Appeals for the Eleventh Circuit · 2002
  3. United States v. John Steven LeroseCourt of Appeals for the Fourth Circuit · 2000
  4. United States v. Hans TschebaumCourt of Appeals for the Eighth Circuit · 2002
  5. United States v. Christopher HoldsworthCourt of Appeals for the Eighth Circuit · 2016

24 more not listed; retrieve them via the Exa API.

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