Legal Opinion
United States v. Philip Prescott
Court of Appeals for the Second Circuit
Decided November 28, 1990No. 64, Docket 90-1156PublishedCited by 83 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
This appeal by a defendant alleging violation of his due process rights implicates the scope of discretion trial courts possess in determining the facts that affect a sentence. Once the time comes to set a defendant’s sentence, a district court’s range of discretion is confined by the Sentencing Guidelines; yet, it need not tread a narrow path to arrive at that day, for the course it follows in resolving disputed facts at sentencing remains within the district court’s broad discretion.
Philip Prescott appeals from a February 16, 1990 judgment entered in the United…
2Cases cited23 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- United States v. TuckerSupreme Court of the United States · 1972
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Gardner v. FloridaSupreme Court of the United States · 1977
- Townsend v. BurkeSupreme Court of the United States · 1948
18 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- United States v. David Thai, Lan Ngoc Tran, Minh Do, Jimmy Nguyen, Hoang Huy Ngo, Quang Van Nguyen, and Lv Hong, A/K/A "l.v. Hong"Court of Appeals for the Second Circuit · 1994
- Stewart v. ErwinCourt of Appeals for the Sixth Circuit · 2007
- United States v. James Michael WiseCourt of Appeals for the Eighth Circuit · 1992
- Securities Exchange Commission v. Monarch Funding Corporation, Leo M. Eisenberg, Steven R. Cloyes, and Richard M. Cannistraro, Richard O. BertoliCourt of Appeals for the Second Circuit · 1999
- United States v. Carolyn Kay PoffCourt of Appeals for the Seventh Circuit · 1991
78 more not listed; retrieve them via the Exa API.