Legal Opinion
United States v. Davis
Court of Appeals for the Fifth Circuit
Decided January 31, 2007No. 05-10754PublishedCited by 18 opinions
1Opinion of the Court
OWEN, Circuit Judge:
Shannon DeWayne Davis pleaded guilty to distributing crack cocaine in violation of 21 U.S.C. § 841(a)(1) and appeals the sentence imposed. The question before us is the quantity for which Davis can be held accountable for sentencing purposes. We conclude that, under section 2D1.1 of the United States Sentencing Guidelines, for purposes of calculating the advisory sentencing range, quantities of a non-controlled substance should not be included to determine the offense level if the defendant meets his burden of establishing that he either did not have the intent to deliver…
2Cases cited31 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Stinson v. United StatesSupreme Court of the United States · 1993
- Williams v. United StatesSupreme Court of the United States · 1992
- United States v. SmithCourt of Appeals for the Fifth Circuit · 2006
- United States v. Fortino Saucedo VillegasCourt of Appeals for the Fifth Circuit · 2005
26 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. NewsonCourt of Appeals for the Fifth Circuit · 2008
- United States v. Ronald LoveCourt of Appeals for the Seventh Circuit · 2013
- United States v. LofinkCourt of Appeals for the Third Circuit · 2009
- United States v. Andino-OrtegaCourt of Appeals for the Fifth Circuit · 2010
- United States v. GharbiCourt of Appeals for the Fifth Circuit · 2007
13 more not listed; retrieve them via the Exa API.