Legal Opinion
United States v. Joan Gerber
Court of Appeals for the Tenth Circuit
Decided May 9, 1994No. 93-5057PublishedCited by 33 opinions
1Opinion of the Court
EBEL, Circuit Judge.
The principal question in this direct criminal appeal is whether, for Ex Post Facto Clause purposes, the government must apply the version of United States Sentencing Guideline § 5K1.1 that was in effect when a defendant attempted to provide substantial assistance to the authorities or the version that was in effect when the defendant committed the underlying criminal offense. We hold that the critical date in our retroactivity analysis under § 5K1.1 is when the cooperation was provided, rather than when the crime occurred. Accordingly, we affirm. 1
I
The…
2Cases cited21 opinions
- United States v. FradySupreme Court of the United States · 1982
- United States v. YoungSupreme Court of the United States · 1985
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Weaver v. GrahamSupreme Court of the United States · 1981
- Marks v. United StatesSupreme Court of the United States · 1977
16 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- United States v. Von Dale Massey, Sr., United States of America v. Sandra Wilkins, United States of America v. Jack Z. WilkinsCourt of Appeals for the Tenth Circuit · 1995
- United States v. Charles Michael KissickCourt of Appeals for the Tenth Circuit · 1995
- United States v. Ricky L. HampshireCourt of Appeals for the Tenth Circuit · 1996
- United States v. Nick Alfred Owens, United States of America v. Kevin Lee JohnsonCourt of Appeals for the Tenth Circuit · 1995
- United States v. HawleyCourt of Appeals for the Tenth Circuit · 1996
28 more not listed; retrieve them via the Exa API.