Legal Opinion
United States of America, Plaintiff-Appellee-Cross-Appellant v. James Albert McClelland Defendant-Appellant-Cross-Appellee
Court of Appeals for the Ninth Circuit
Decided December 12, 1995No. 94-30385, 94-30423PublishedCited by 53 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
OVERVIEW
Defendant, James McClelland, was convicted of violating 18 U.S.C. § 1958, Use of Interstate Commerce Facilities in the Commission of Murder-for-Hire. At sentencing the district court granted a downward departure on the ground of imperfect’entrapment by the government and sentenced him to sixty months incarceration. Both he and the government have appealed.
McClelland contends that the government engaged in outrageous conduct and that the district judge therefore erred in denying his motion to dismiss the indictment. He also argues that the district judge’s…
2Cases cited23 opinions
- Jacobson v. United StatesSupreme Court of the United States · 1992
- United States of America, in No. 81-1020 v. Jannotti, Harry P. United States of America, in No. 81-1021 v. Schwartz, George XCourt of Appeals for the Third Circuit · 1982
- United States v. William D. Davis, United States of America v. Curry James WilliamsCourt of Appeals for the Ninth Circuit · 1994
- United States v. James Michael WiseCourt of Appeals for the Eighth Circuit · 1992
- Earl D. Greene v. United States of America, John Becker v. United States of America, Mike A. Thomas v. United StatesCourt of Appeals for the Ninth Circuit · 1972
18 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- United States v. FregaCourt of Appeals for the Ninth Circuit · 1999
- United States v. Richard Ray LaceyCourt of Appeals for the Tenth Circuit · 1996
- United States v. Walter R. Tucker, IIICourt of Appeals for the Ninth Circuit · 1998
- United States v. Reginald ColemanCourt of Appeals for the Sixth Circuit · 1999
- Levi Strauss & Co. v. ShilonCourt of Appeals for the Ninth Circuit · 1997
48 more not listed; retrieve them via the Exa API.