Legal Opinion
United States v. Withrow
Court of Appeals for the Eleventh Circuit
Decided June 13, 1996No. 94-9061PublishedCited by 21 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
Malcolm Benoni Withrow appeals the sentence he received following a plea of guilty to the offense of armed robbery of a motor vehicle. See 18 U.S.C. § 2119. He contends that the district court erroneously declined to depart downward on the ground that With-row’s offense conduct constituted a single, aberrational act. Whether a district court has the discretion to depart downward based on a factual determination that the defendant’s criminal behavior was the product of a single, aberrant episode is an issue of first impression in this circuit.
I. BACKGROUND
On February 20,…
2Cases cited10 opinions
- United States v. James E. CareyCourt of Appeals for the Seventh Circuit · 1990
- United States v. Gwendolyn FossettCourt of Appeals for the Eleventh Circuit · 1989
- United States v. Hiroyasu Takai Akiko MagnesonCourt of Appeals for the Ninth Circuit · 1991
- United States v. Jimmy M. TsosieCourt of Appeals for the Tenth Circuit · 1994
- United States v. Phillip Wynens HadawayCourt of Appeals for the Eleventh Circuit · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. David S. TaylorCourt of Appeals for the Eleventh Circuit · 1996
- United States v. Stephen N. KalbCourt of Appeals for the Eighth Circuit · 1997
- Zoran Zecevic v. United States Parole CommissionCourt of Appeals for the Second Circuit · 1998
- United States v. Onofre-SegarraCourt of Appeals for the Eleventh Circuit · 1997
- United States v. BenallyCourt of Appeals for the Tenth Circuit · 2000
16 more not listed; retrieve them via the Exa API.