Legal Opinion
United States v. Humberto Cervantes
Court of Appeals for the Second Circuit
Decided June 14, 1989No. 120, Docket 89-1002PublishedCited by 100 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge:
This case raises important issues regarding the procedure for departing upwards from the sentencing range set forth in the United States Sentencing Guidelines. We must determine what is required for a divergence based upon the defendant’s prior criminal history. The record indicates that the district court did not adequately articulate the grounds for the enhanced sentence, failed to perform the mandatory § 4A1.3 analysis, and, by stating an intention to sentence within the Guidelines but subsequently departing, did not afford defense counsel proper notice and…
2Cases cited6 opinions
- United States v. Manuel OteroCourt of Appeals for the Fifth Circuit · 1989
- United States v. Luis Fernando Correa-VargasCourt of Appeals for the Second Circuit · 1988
- United States v. Nelson Guerrero, Cesar Rivera and Anthony MedinaCourt of Appeals for the Second Circuit · 1988
- United States v. Esperanza LopezCourt of Appeals for the Fifth Circuit · 1989
- United States v. Francisco De Luna-TrujilloCourt of Appeals for the Fifth Circuit · 1989
1 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- United States v. RusherCourt of Appeals for the Fourth Circuit · 1992
- United States v. Randolph JakobetzCourt of Appeals for the Second Circuit · 1992
- United States v. Gilberto Ocasio, A/K/A Gilberto Ocasio AgostoCourt of Appeals for the First Circuit · 1990
- United States v. Won Tae KimCourt of Appeals for the Second Circuit · 1990
- United States v. David LambertCourt of Appeals for the Fifth Circuit · 1993
95 more not listed; retrieve them via the Exa API.