Legal Opinion
United States v. Darrin E. Malley
Court of Appeals for the Ninth Circuit
Decided October 7, 2002No. 01-30069PublishedCited by 16 opinions
1Opinion of the Court
RAWLINSON, Circuit Judge.
In this appeal, we must determine whether Application Note 6 of § 5C1.1 of the United States Sentencing Guidelines (“Note 6”) provides independent authority for the district court to depart downward from the applicable guideline sentencing range. We think not.
FACTUAL BACKGROUND
Malley pled guilty to three counts involving transporting, receiving and possessing child pornography, and agreed to a fourth count for the forfeiture of his computer. Malley’s total offense level was 25, with a criminal history of category I, resulting in a sentencing range of 57 to 71 months.…
2Cases cited12 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Hector Montero-Martinez Gregorio Pedro Montero-Hernandez v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Ninth Circuit · 2002
- Botosan v. Paul McNally RealtyCourt of Appeals for the Ninth Circuit · 2000
- Gorbach v. RenoCourt of Appeals for the Ninth Circuit · 2000
- United States of America, Plaintiff-Appellee/cross-Appellant v. Jim Gee and William C. Norris, Defendants-Appellants/cross-AppelleesCourt of Appeals for the Seventh Circuit · 2000
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3Cited by16 opinions
- United States v. Gilberto Pimentel-FloresCourt of Appeals for the Ninth Circuit · 2003
- United States v. Dorothy MenyweatherCourt of Appeals for the Ninth Circuit · 2006
- United States v. Dorothy MenyweatherCourt of Appeals for the Ninth Circuit · 2005
- United States v. John DoeCourt of Appeals for the Ninth Circuit · 2003
- United States v. Luis Alberto Atondo-SantosCourt of Appeals for the Ninth Circuit · 2004
11 more not listed; retrieve them via the Exa API.