Legal Opinion
United States v. Willingham
Court of Appeals for the Fifth Circuit
Decided August 20, 2007No. 06-11160PublishedCited by 36 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
The government appeals, contending that the defendant’s non-Guidelines sentence, which was substantially below the advisory range under the Guidelines, is unreasonable. The question presented is whether the sentence is unreasonable because the district court departed downward based on the conclusion that imposing a Guidelines sentence would create an unwarranted disparity between the defendant’s sentence and the national average for sentences under the same Guidelines section. We hold that the sentence is unreasonable and remand for resentencing.
I
Douglas…
2Cases cited7 opinions
- United States v. BookerSupreme Court of the United States · 2004
- United States v. OlanoSupreme Court of the United States · 1993
- United States v. MaresCourt of Appeals for the Fifth Circuit · 2005
- United States v. SmithCourt of Appeals for the Fifth Circuit · 2006
- United States v. WilliamsCourt of Appeals for the Eleventh Circuit · 2006
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- United States v. PughCourt of Appeals for the Eleventh Circuit · 2008
- United States v. Jose Escalante-ReyesCourt of Appeals for the Fifth Circuit · 2012
- United States v. Agustin Rivera-SantanaCourt of Appeals for the Fourth Circuit · 2012
- United States v. IrvingCourt of Appeals for the Second Circuit · 2009
- United States v. Gonzalez-ZoteloCourt of Appeals for the Ninth Circuit · 2009
31 more not listed; retrieve them via the Exa API.