Legal Opinion

United States v. Ellis

Court of Appeals for the Ninth Circuit

Decided May 26, 2011No. 09-50652PublishedCited by 44 opinions

1Opinion of the Court

OPINION

IKUTA, Circuit Judge:

Defendant Kevin Ellis appeals his sentence for seven counts of bank robbery. He argues that his sentence must be vacated and the case remanded for resentencing because the government breached the plea agreement, the district court’s decision to make an upward departure from criminal history category II to III, see USSG § 4A1.3, was procedurally erroneous, and the district court’s overall sentence was substantively unreasonable. We hold that the government did not breach the plea agreement. Further, applying the reasoning in United States v. Mohamed, 459 F.3d 979,…

2Cases cited23 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Santobello v. New YorkSupreme Court of the United States · 1971
  3. Kimbrough v. United StatesSupreme Court of the United States · 2007
  4. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  5. United States v. TomkoCourt of Appeals for the Third Circuit · 2009

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

3Cited by44 opinions

  1. United States v. Terry ChristensenCourt of Appeals for the Ninth Circuit · 2016
  2. United States v. James LloydCourt of Appeals for the Ninth Circuit · 2015
  3. United States v. Ruiz-ApolonioCourt of Appeals for the Ninth Circuit · 2011
  4. United States v. Alcala-SanchezCourt of Appeals for the Ninth Circuit · 2012
  5. United States v. Jose Vasquez-CruzCourt of Appeals for the Ninth Circuit · 2012

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

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