Legal Opinion
The United States of America v. Ernest Schmeltzer
Court of Appeals for the Fifth Circuit
Decided June 3, 1992No. 91-8338PublishedCited by 14 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
Appellant Ernest Schmeltzer appeals from his sentence following a plea of guilty on his second offense of knowingly possessing a magazine depicting a minor engaging in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(2). Schmeltzer raises several claims of error in the court’s application of Sentencing Guidelines and seeking return of certain seized goods, invokes the court’s mandamus power. The sentencing issues are, however, overridden by the fact that Schmeltzer and the government could not enter into, and the court should not have approved, a…
2Cases cited19 opinions
- United States v. Eddie Wayne RobersonCourt of Appeals for the Fifth Circuit · 1989
- Nicholas v. United StatesSupreme Court of the United States · 1989
- Thomas Palermo and Sheldon Saltzman v. Warden, Green Haven State Prison, and Russell OswaldCourt of Appeals for the Second Circuit · 1976
- United States v. Joel Roy BlackwoodCourt of Appeals for the Fourth Circuit · 1990
- United States v. Malcolm C. DonleyCourt of Appeals for the Third Circuit · 1989
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. James E. SchnellCourt of Appeals for the Seventh Circuit · 1992
- United States v. BrownCourt of Appeals for the Fifth Circuit · 1994
- United States v. Lissett RiveraCourt of Appeals for the Seventh Circuit · 2005
- United States v. Jodie Timothy PackerCourt of Appeals for the Fifth Circuit · 1996
- United States v. Edward Charles LevayCourt of Appeals for the Fifth Circuit · 1996
9 more not listed; retrieve them via the Exa API.