Legal Opinion

Phillip D. Scott v. United States

Court of Appeals for the Seventh Circuit

Decided June 29, 1993No. 91-3413PublishedCited by 149 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

In 1990 Phillip D. Scott was sentenced to 57 months’ imprisonment. He did not appeal. In 1991 he filed a petition under 28 U.S.C. § 2255, contending that the district judge had misapplied the Sentencing Guidelines in determining his sentence. The district judge conceded that he should not have increased Scott’s criminal history category under U.S.S.G. § 5K2.6 but declined to reduce the sentence, ruling that 57 months is independently justified as an upward departure from the Guidelines’ range.

The district judge addressed Scott’s arguments on the merits, just as if…

2Cases cited23 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  4. Wainwright v. SykesSupreme Court of the United States · 1977
  5. United States v. TuckerSupreme Court of the United States · 1972

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

3Cited by149 opinions

  1. United States v. PetermanCourt of Appeals for the Sixth Circuit · 2001
  2. Jack R. Prewitt v. United StatesCourt of Appeals for the Seventh Circuit · 1996
  3. United States v. Michael J. Mikalajunas, United States of America v. Craig E. Largent, United States of America v. Michael J. MikalajunasCourt of Appeals for the Fourth Circuit · 1999
  4. Samuel Todd Taylor v. Charles R. Gilkey, WardenCourt of Appeals for the Seventh Circuit · 2002
  5. Ezell Gilbert v. United StatesCourt of Appeals for the Eleventh Circuit · 2011

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

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