Legal Opinion

United States v. Bailey

District Court, D. Nebraska

Decided May 12, 2005No. 4:02CR3040PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

KOPF, District Judge.

Most of the time, we should sentence a person without regard to the pain and damage our sentence will inevitably inflict upon his or her children. The exceptions to this rule are few and far between. Indeed, when I first skimmed the motion to depart under U.S.S.G. § 5K2.0 1 in this case, my reaction was quick and visceral: “Are you kidding me?” The Assistant Federal Public Defender asked me to impose a non-prison sentence on Bailey, a fellow who possessed child pornography, in order to save the defendant’s little girl. No way, I thought, hell will…

2Cases cited22 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Koon v. United StatesSupreme Court of the United States · 1996
  3. United States v. Mirna Rivera, United States v. Robert AdamoCourt of Appeals for the First Circuit · 1993
  4. United States v. Barbara E. Stefonek, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1999
  5. United States v. HaversatCourt of Appeals for the Eighth Circuit · 1994

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

3Cited by5 opinions

  1. United States v. PapeCourt of Appeals for the Seventh Circuit · 2010
  2. United States v. Perez-ChavezDistrict Court, D. Utah · 2005
  3. United States v. CampbellDistrict Court, D. Nebraska · 2010
  4. United States v. GutierrezDistrict Court, D. Nebraska · 2006
  5. United States v. Jason PapeCourt of Appeals for the Seventh Circuit · 2010

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