Legal Opinion

United States v. Robert Harry Thomas

Court of Appeals for the Third Circuit

Decided April 21, 1992No. 91-5719PublishedCited by 42 opinions

1Opinion of the Court

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal involves the validity of an upward departure under the Sentencing Guidelines. Because we find that the factors relied on by the district court in departing upward were adequately considered by the Sentencing Commission in formulating the Guidelines, we will vacate the sentence and remand for resentencing.

I

Between June 1988 and March 1990, Robert Thomas purchased two shotguns, two rifles, and a revolver from a gun shop in Cumberland County, Pennsylvania. In purchasing these five firearms, Thomas was required to complete four Bureau of…

2Cases cited37 opinions

  1. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  2. Williams v. United StatesSupreme Court of the United States · 1992
  3. United States v. Kikumura, YuCourt of Appeals for the Third Circuit · 1990
  4. United States v. Leon BradyCourt of Appeals for the Ninth Circuit · 1991
  5. United States v. Amos Salmon, No. 90-3355, Raymond E. Washington, No. 90-3363, Richard Fitzpatrick, No. 90-3366, John Surratt, No. 90-3438Court of Appeals for the Third Circuit · 1991

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

3Cited by42 opinions

  1. Kenneth Lee v. William Stickman Stephen Zappala, Jr. Michael FisherCourt of Appeals for the Third Circuit · 2004
  2. United States v. Philip Scott AshburnCourt of Appeals for the Fifth Circuit · 1994
  3. United States v. Andrew M. Harvey, IIICourt of Appeals for the Third Circuit · 1993
  4. United States v. John BairdCourt of Appeals for the Third Circuit · 1997
  5. United States v. Philip Scott AshburnCourt of Appeals for the Fifth Circuit · 1994

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

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