Legal Opinion

United States v. Onofre-Segarra

Court of Appeals for the Eleventh Circuit

Decided October 24, 1997No. 95-4073PublishedCited by 19 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

The United States appeals the sentence of Yahaira Onofre-Segarra on the ground that the district court abused its discretion when it granted Onofre-Segarra’s motion for a downward departure under section 5K2.0 of the Sentencing Guidelines. 1 Because we find that the district court made insufficient factual findings to support its decision to depart, we vacate the sentence and remand the ease to the district court for a full hearing on the propriety of a downward departure under section 5K2.0.

As this court explained in United States v. Scroggins, 880 F.2d 1204, 1209…

2Cases cited12 opinions

  1. United States v. Samuel ScrogginsCourt of Appeals for the Eleventh Circuit · 1989
  2. United States v. John WilsonCourt of Appeals for the Eleventh Circuit · 1989
  3. United States v. LawrenceCourt of Appeals for the Eleventh Circuit · 1995
  4. United States v. Ramon Gonzalez-LopezCourt of Appeals for the Eleventh Circuit · 1990
  5. United States v. William C. WilsonCourt of Appeals for the Eleventh Circuit · 1993

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

3Cited by19 opinions

  1. United States v. Gary WashingtonCourt of Appeals for the Eleventh Circuit · 2013
  2. United States v. MillerCourt of Appeals for the Eleventh Circuit · 1998
  3. United States v. Michael KapelushnikCourt of Appeals for the Eleventh Circuit · 2002
  4. United States v. John OrregaCourt of Appeals for the Eleventh Circuit · 2004
  5. United States v. TomonoCourt of Appeals for the Eleventh Circuit · 1998

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

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