Legal Opinion
United States v. Jason Pepper
Court of Appeals for the Eighth Circuit
Decided June 24, 2005No. 04-2057PublishedCited by 38 opinions
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
The primary question presented by this ease is whether the sentencing guidelines permit a district court to consider a matter unrelated to a defendant’s assistance to law enforcement officials when determining how far to depart below the guidelines range pursuant to a departure motion based on the defendant’s assistance. See U.S.S.G. § 5K1.1. We conclude that the guidelines do not permit a court to consider such an unrelated matter and that the court did so here. We therefore remand this case for resentencing.
I
Jason Pepper pleaded guilty to one count of…
2Cases cited21 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- Williams v. United StatesSupreme Court of the United States · 1992
- Jarecki v. G. D. Searle & Co.Supreme Court of the United States · 1961
- United States v. Shelly MashekCourt of Appeals for the Eighth Circuit · 2005
16 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Pepper v. United StatesSupreme Court of the United States · 2011
- United States v. Kim Darby SaenzCourt of Appeals for the Eighth Circuit · 2005
- United States v. PepperCourt of Appeals for the Eighth Circuit · 2008
- United States v. Malcolm E. McVayCourt of Appeals for the Eleventh Circuit · 2006
- United States v. DesselleCourt of Appeals for the Fifth Circuit · 2006
33 more not listed; retrieve them via the Exa API.