Legal Opinion
United States v. Pho
Court of Appeals for the First Circuit
Decided January 5, 2006No. 05-2455, 05-2461PublishedCited by 113 opinions
1Opinion of the Court
SELYA, Circuit Judge.
In these consolidated appeals, we are called upon to answer a vexing question of first impression at the appellate level: May a federal district court, consistent with the teachings of United States v. Booker; 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), impose a sentence outside the advisory guideline sentencing range based solely on its categorical rejection of the guidelines’ disparate treatment of offenses involving crack cocaine, on the one hand, and powdered cocaine, on the other hand? The court below believed that it could and sentenced the defendants in…
2Cases cited31 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Koon v. United StatesSupreme Court of the United States · 1996
- Mistretta v. United StatesSupreme Court of the United States · 1989
- United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
- United States v. AntonakopoulosCourt of Appeals for the First Circuit · 2005
26 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- United States v. Johnny GunterCourt of Appeals for the Third Circuit · 2006
- United States v. JonesCourt of Appeals for the Second Circuit · 2008
- United States v. WilliamsCourt of Appeals for the Eleventh Circuit · 2006
- United States v. DixonCourt of Appeals for the First Circuit · 2006
108 more not listed; retrieve them via the Exa API.