Legal Opinion

United States v. Spring L. Acosta and Candace R. Radermacher

Court of Appeals for the Seventh Circuit

Decided February 5, 2007No. 05-3598, 05-3661PublishedCited by 49 opinions

1Opinion of the Court

WILLIAMS, Circuit Judge.

This appeal requires us to consider the extent to which a member of a conspiracy can be held liable under the United States Sentencing Guidelines for the use of a minor where there is no evidence that the defendant personally directed or encouraged the minor in any way. We conclude that the district court misapplied § 3B1.4 of the Guidelines in sentencing Spring Acosta, one of the two defendants in this appeal, when it imposed an enhancement for the use of a minor. We therefore vacate her sentence and remand for resen-tencing. The other defendant, Candace Radermacher,…

2Cases cited18 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Pinkerton v. United StatesSupreme Court of the United States · 1946
  3. United States v. Robert MykytiukCourt of Appeals for the Seventh Circuit · 2005
  4. United States v. Karl CunninghamCourt of Appeals for the Seventh Circuit · 2005
  5. United States v. Chris ParkerCourt of Appeals for the Ninth Circuit · 2001

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

3Cited by49 opinions

  1. United States v. Erasto Gomez-JimenezCourt of Appeals for the Fourth Circuit · 2014
  2. United States v. AcostaCourt of Appeals for the Seventh Circuit · 2008
  3. United States v. HollinsCourt of Appeals for the Seventh Circuit · 2007
  4. United States v. MartinezCourt of Appeals for the Seventh Circuit · 2008
  5. United States v. CalimlimCourt of Appeals for the Seventh Circuit · 2008

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

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