Legal Opinion
United States v. Winebarger
Court of Appeals for the Third Circuit
Decided December 23, 2011No. 11-1905PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
In this appeal, we are asked to determine what factors a district court may consider when sentencing a defendant below a statutory minimum term of imprisonment in order to take his assistance to the government into account pursuant to 18 U.S.C. § 3553(e). We hold that a district court cannot use factors unrelated to a defendant’s substantial assistance to the government in order to reduce a sentence below the minimum called for under stat ute. We will therefore vacate the judgment of sentence and remand for resentencing.
I. Background
In March 2007,…
2Cases cited23 opinions
- United States v. TomkoCourt of Appeals for the Third Circuit · 2009
- Melendez v. United StatesSupreme Court of the United States · 1996
- United States v. Marius CanoyCourt of Appeals for the Seventh Circuit · 1994
- United States v. HoodCourt of Appeals for the Fourth Circuit · 2009
- United States v. Mattie Lou ThomasCourt of Appeals for the Seventh Circuit · 1991
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. Askia WashingtonCourt of Appeals for the Third Circuit · 2017
- United States v. Lavone WilliamsCourt of Appeals for the Sixth Circuit · 2012
- United States v. Mashica SpannCourt of Appeals for the Seventh Circuit · 2012
- United States v. GarciaDistrict Court, D. New Mexico · 2013
- United States v. Luis SerranoCourt of Appeals for the Third Circuit · 2015
14 more not listed; retrieve them via the Exa API.