Legal Opinion
United States v. Charles E. Emery
Court of Appeals for the First Circuit
Decided April 28, 1993No. 92-1619PublishedCited by 52 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This sentencing appeal presents two issues for our determination. 1 We must consider (1) whether an attempted escape from state custody prior to the initiation of a federal investigation into the offense of conviction can serve as a basis for enhancing a defendant’s sentence under the obstruction-of-justice guideline, U.S.S.G. § 3C1.1; and (2) whether the facts at bar justify a substantial upward departure from the guideline sentencing range (GSR). Finding both the enhancement and the departure to be lawful, we affirm.
I. BACKGROUND
Defendant-appellant Charles E. Emery met…
2Cases cited29 opinions
- United States v. DunniganSupreme Court of the United States · 1993
- Williams v. United StatesSupreme Court of the United States · 1992
- United States v. Wilfredo Diaz-VillafaneCourt of Appeals for the First Circuit · 1989
- United States v. Jose Jesus Lira-BarrazaCourt of Appeals for the Ninth Circuit · 1991
- United States v. James Michael WiseCourt of Appeals for the Eighth Circuit · 1992
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3Cited by52 opinions
- United States v. Shaun K. O'NeilCourt of Appeals for the First Circuit · 1993
- United States v. RostoffCourt of Appeals for the First Circuit · 1995
- United States v. FahmCourt of Appeals for the First Circuit · 1994
- United States v. McLeanCourt of Appeals for the First Circuit · 2005
- United States v. Rosalio CorreaCourt of Appeals for the First Circuit · 1997
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