Legal Opinion

United States v. John P. Davern

Court of Appeals for the Sixth Circuit

Decided September 26, 1991No. 90-3681PublishedCited by 31 opinions

1Opinion of the Court

MERRITT, Chief Judge.

The issues before us in this sentencing appeal in which the defendant pled guilty to possession of cocaine are as follows: (1) whether the sequence of sentencing steps prescribed by the Sentencing Commission for use in this case, and followed by the District Court, are consistent with the governing statute on sentencing, and (2) whether the Commission has “taken into consideration” and mandated increased *1043penalties for two “aggravating circumstances,” namely (a) possessing a larger volume of white powder surrounding the cocaine in question, and (b) attempting…

2Cases cited10 opinions

  1. Mistretta v. United StatesSupreme Court of the United States · 1989
  2. United States v. Alfredo PerezCourt of Appeals for the Sixth Circuit · 1989
  3. United States v. Stanley J. Marshall, United States of America v. Richard L. Chapman, John M. Schoenecker, and Patrick BrummCourt of Appeals for the Seventh Circuit · 1990
  4. United States v. Sammy Lee SmithCourt of Appeals for the Sixth Circuit · 1989
  5. United States v. Henry L. YkemaCourt of Appeals for the Sixth Circuit · 1989

5 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. United States v. Candelario Gutierrez, Jose Medina, and Jose SotoCourt of Appeals for the Seventh Circuit · 1992
  2. United States v. John P. DavernCourt of Appeals for the Sixth Circuit · 1992
  3. United States v. Darrin Dean JohnstonCourt of Appeals for the Eighth Circuit · 1992
  4. United States v. Terry Wayne Quarles, United States of America v. Lamont Alberto BrownCourt of Appeals for the Eighth Circuit · 1992
  5. United States v. Eddie Lee GallowayCourt of Appeals for the Eighth Circuit · 1991

26 more not listed; retrieve them via the Exa API.

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