Legal Opinion
United States v. Ronald Leland Kelley, United States of America v. Rodney Ray Jiruska
Court of Appeals for the Eighth Circuit
Decided February 5, 1992No. 90-1027, 90-1081PublishedCited by 50 opinions
1Opinion of the Court
*750JOHN R. GIBSON, Circuit Judge,
joined by FAGG, BOWMAN, WOLLMAN, MAGILL and LOKEN, Circuit Judges.
We again visit the question of whether a district court can grant a downward departure from the Sentencing Guidelines for the defendant’s substantial assistance to the government in the absence of either: (1) a government motion for a departure; or (2) a claim that the government’s refusal to make such a motion is arbitrary, in bad faith, or in breach of a plea agreement. We have touched on this question in a series of cases,1 including United States v. Gutierrez, 908 F.2d 349 (8th Cir.1990), which…
2Cases cited45 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Burns v. United StatesSupreme Court of the United States · 1991
- United States v. Gerald Levy (89-5980) and Calvin Black (89-6099)Court of Appeals for the Sixth Circuit · 1990
- United States v. WhiteCourt of Appeals for the Fifth Circuit · 1989
- United States v. Julio La Guardia, United States of America v. Eredia Josefa Jimenez-MinallaCourt of Appeals for the First Circuit · 1990
40 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- United States v. Eddie Lee GallowayCourt of Appeals for the Eighth Circuit · 1992
- United States v. HaversatCourt of Appeals for the Eighth Circuit · 1994
- United States v. Lershawn Vincent KellyCourt of Appeals for the Eighth Circuit · 1994
- United States v. JohnsonCourt of Appeals for the Eighth Circuit · 2008
- United States v. Thomas Gerald HeadrickCourt of Appeals for the Fifth Circuit · 1992
45 more not listed; retrieve them via the Exa API.