Legal Opinion
United States of America, Appellant/cross-Appellee v. Michael T. Petersen, Appellee/cross-Appellant
Court of Appeals for the Eighth Circuit
Decided January 10, 2002No. 01-1220, 01-1221PublishedCited by 35 opinions
1Opinion of the Court
RILEY, Circuit Judge.
The government appeals the district court’s sua sponte five-level downward departure involving Michael T. Petersen’s convictions for assault, aggravated sexual abuse and burglary on an Indian Reservation. The court departed under 18 U.S.C. § 3553(b) and the United States Sentencing Guideline Manual (USSG) § 5K2.0, p.s., on the bases of (1) a mitigating circumstance of temporary insanity, and (2) the burglary and aggravated sexual abuse were atypical because they occurred in Petersen’s own home with his wife and involved minimal force. We reverse and remand for…
2Cases cited16 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Stinson v. United StatesSupreme Court of the United States · 1993
- Timothy Duane Arcoren v. United StatesCourt of Appeals for the Eighth Circuit · 1991
- Davis v. City & County of San FranciscoCourt of Appeals for the Ninth Circuit · 1992
- United States v. Kenneth GoingsCourt of Appeals for the Eighth Circuit · 2000
11 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- United States v. MyersCourt of Appeals for the Eighth Circuit · 2007
- United States v. Pedro Dyck, Also Known as Pedro Dyck-Peters.Court of Appeals for the Eighth Circuit · 2003
- United States v. Stepfon C. Killingsworth, United States of America v. Ronald WilliamsCourt of Appeals for the Eighth Circuit · 2005
- United States v. BurnsCourt of Appeals for the Eighth Circuit · 2007
- United States v. Randolph Valentino Kills in WaterCourt of Appeals for the Eighth Circuit · 2002
30 more not listed; retrieve them via the Exa API.