Legal Opinion
United States v. Jenkins
Court of Appeals for the Tenth Circuit
Decided January 19, 1989No. 88-1830PublishedCited by 27 opinions
1Opinion of the Court
JOHN P. MOORE, Circuit Judge.
The government seeks a writ of mandamus ordering the District Court of the District of Utah to impose the mandatory enhanced sentence provided by 21 U.S.C. § 841(b)(1)(B). The respondent court has chosen not to reply to the petition. Instead, the court has filed a letter stating: “The record demonstrates the reasons for the action taken.” As the real party in interest, defendant Derek Aragon Mendes responds to the petition, urging the government’s proper remedy is a direct appeal and asserting the trial court did not abuse its discretion in refusing to invoke §…
2Cases cited15 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- United States v. John Horak, and United States of America v. John HorakCourt of Appeals for the Seventh Circuit · 1987
- United States v. William E. Wood, A/K/A Steve BishopCourt of Appeals for the Eighth Circuit · 1987
- United States v. Earl GreggCourt of Appeals for the Tenth Circuit · 1986
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- United States v. John Wesley Morehead, Sr., John Wesley Morehead, Jr., and Jackie Ray HillCourt of Appeals for the Tenth Circuit · 1992
- United States of America, and Cross-Appellant v. Randolph Short, and Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1991
- United States of America, Cross-Appellant (90-1260) v. Ronald Hodges (90-1124/1260), Cross-Appellee, Robert Hodges (90-1154), Timothy Hodges (90-1155)Court of Appeals for the Sixth Circuit · 1991
- United States of America v. Carless JonesCourt of Appeals for the Tenth Circuit · 2000
- United States v. Lloyd PowellCourt of Appeals for the Fourth Circuit · 1989
22 more not listed; retrieve them via the Exa API.