Legal Opinion

United States v. Larry Kinder, United States of America v. David Kinder

Court of Appeals for the Fifth Circuit

Decided October 21, 1991No. 90-8579, 90-8580PublishedCited by 68 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

David and Larry Kinder appeal their guilty pleas and sentences for conspiring to possess methamphetamine with intent to distribute. Because both appellants were sentenced under the harsher of two overlapping penalty provisions, we remand so the district court may resentence according to the rule of lenity. We affirm the district court on all other issues.

I

In February 1990, the Texas Department of Public Safety (TDPS), the Waco Police Department, and the Drug Enforcement Agency (DEA) investigated the distribution of methamphetamine around Waco, Texas. They…

2Cases cited13 opinions

  1. United States v. John C. MuellerCourt of Appeals for the Fifth Circuit · 1990
  2. United States v. Galo Eduardo SarastiCourt of Appeals for the Fifth Circuit · 1989
  3. United States v. William Clinton RoarkCourt of Appeals for the Eighth Circuit · 1991
  4. United States v. Jerry Lewis PearsonCourt of Appeals for the Fifth Circuit · 1990
  5. United States v. Randall Hoyt ShawCourt of Appeals for the Fifth Circuit · 1991

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

3Cited by68 opinions

  1. United States v. Bobby Ray McCaskey A/K/A Snake and Lionel Legard A/K/A MaxCourt of Appeals for the Fifth Circuit · 1993
  2. U.S. v. MergersonCourt of Appeals for the Fifth Circuit · 1993
  3. United States v. George Dean, James Earl Cofer, Kenneth Dewayne Smith, and Kenneth Earl FlowersCourt of Appeals for the Fifth Circuit · 1995
  4. United States v. MaserattiCourt of Appeals for the Fifth Circuit · 1993
  5. Harold A. Ebbole v. United StatesCourt of Appeals for the Seventh Circuit · 1993

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

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