Legal Opinion

United States v. Bernard Chris Costales, Cross-Appellee

Court of Appeals for the Eleventh Circuit

Decided October 5, 1993No. 91-8465PublishedCited by 39 opinions

1Opinion of the Court

TJOFLAT, Chief Judge:

Bernard Christopher Costales was convicted on one count of receiving child pornography through the mail and sentenced to twelve months in prison. Costales appeals his conviction and the United States cross-appeals his sentence. We affirm the conviction. Because we find that the district court misapplied the Sentencing Guidelines and undermined the jury verdict in granting Cos-tales’ motion for a downward departure for playing a minor role in the offense, we vacate the sentence.

I

A 1988 joint investigation by the United States Customs Service and the United States Postal…

2Cases cited29 opinions

  1. United States v. RussellSupreme Court of the United States · 1973
  2. Williams v. United StatesSupreme Court of the United States · 1992
  3. Mathews v. United StatesSupreme Court of the United States · 1988
  4. Jacobson v. United StatesSupreme Court of the United States · 1992
  5. United States v. Scott Evan JonesCourt of Appeals for the Eleventh Circuit · 1990

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

3Cited by39 opinions

  1. United States v. Isabel Rodriguez De VaronCourt of Appeals for the Eleventh Circuit · 1999
  2. United States v. Mahendra Pratap GuptaCourt of Appeals for the Eleventh Circuit · 2006
  3. United States v. Andrew Scott Morin, A/K/A Scott Morris, United States of America v. Andrew Scott Morin, A/K/A Scott MorrisCourt of Appeals for the Fourth Circuit · 1996
  4. United States v. Esnel IsnadinCourt of Appeals for the Eleventh Circuit · 2014
  5. United States v. AdamsCourt of Appeals for the Eleventh Circuit · 1996

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

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