Legal Opinion

United States v. Bean

District Court, D. New Hampshire

Decided March 1, 2019No. Criminal No. 18-cr-057-03-LMPublishedCited by 4 opinions

1Opinion of the Court

Landya McCafferty, United States District Judge

Defendant Michael Bean is awaiting sentencing on one count of conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A)(viii). He moves this court to issue an order declaring a categorical policy disagreement with the "purity-driven" methamphetamine sentencing guidelines. The government objects. The court heard oral argument on the motion on January 14, 2019. For the following reasons, the court grants Bean's motion.

BACKGROUND

This is a four-defendant…

2Cases cited15 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Kimbrough v. United StatesSupreme Court of the United States · 2007
  4. Peugh v. United StatesSupreme Court of the United States · 2013
  5. Rosales-Mireles v. United StatesSupreme Court of the United States · 2018

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3Cited by4 opinions

  1. Shaw v. United StatesDistrict Court, W.D. Oklahoma · 2019
  2. United States of America v. P Michael BeanDistrict Court, D. New Hampshire · 2024
  3. United States v. Courtland ReedCourt of Appeals for the Sixth Circuit · 2025
  4. United States v. Dustin JohnsonCourt of Appeals for the Sixth Circuit · 2020

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