Legal Opinion
United States v. Jose Rafael Perez-Franco
Court of Appeals for the First Circuit
Decided April 28, 1989No. 88-1768PublishedCited by 95 opinions
1Opinion of the Court
BOWNES, Circuit Judge.
Defendant-appellant Jose Rafael Perez-Franco appeals the sentence he was given pursuant to the new Sentencing Guidelines. He claims that the district court incorrectly calculated his offense level by refusing to give him credit for acceptance of responsibility as provided for under the Guidelines. We hold that a defendant needs to accept responsibility only for the counts to which he is pleading guilty. We remand.
I. BACKGROUND
The defendant was indicted on five counts: Count I charged conspiracy to deliver and possess with intent to distribute heroin; Count II charged…
2Cases cited23 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Garrity v. New JerseySupreme Court of the United States · 1967
- Lisenba v. CaliforniaSupreme Court of the United States · 1942
- Minnesota v. MurphySupreme Court of the United States · 1984
- Lefkowitz v. TurleySupreme Court of the United States · 1973
18 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- United States v. Ian Gordon, United States of America v. Ian GordonCourt of Appeals for the Fourth Circuit · 1990
- United States v. Gerard Peter MocciolaCourt of Appeals for the First Circuit · 1989
- Harold A. Ebbole v. United StatesCourt of Appeals for the Seventh Circuit · 1993
- United States v. Miles Davis SaundersCourt of Appeals for the Seventh Circuit · 1992
- United States v. Harold G. MillerCourt of Appeals for the Sixth Circuit · 1990
90 more not listed; retrieve them via the Exa API.