Legal Opinion
United States v. John Ley
Court of Appeals for the Third Circuit
Decided November 22, 2017No. 16-3793PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
FISHER, Circuit Judge.
This case concerns the criminal history provisions of the Sentencing Guidelines. A defendant’s criminal history is calculated by assigning points for prior sentences. The Guidelines instruct that prior sentences “always are counted separately if the sentences were imposed for offenses that were separated by an intervening arrest.” United States Sentencing Commission, Guidelines Manual § 4A1.2(a)(2) (USSG). The question presented here is whether a traffic stop, followed by the issuance of a summons, constitutes an intervening arrest in the context of…
2Cases cited24 opinions
- Whren v. United StatesSupreme Court of the United States · 1996
- Berkemer v. McCartySupreme Court of the United States · 1984
- United States v. RobinsonSupreme Court of the United States · 1973
- Thompson v. KeohaneSupreme Court of the United States · 1995
- Perrin v. United StatesSupreme Court of the United States · 1979
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3Cited by2 opinions
- United States v. William RogersCourt of Appeals for the Sixth Circuit · 2023
- State of West Virginia ex rel. West Virginia Attorney-General, Medicaid Fraud Control Unit, and Nathan R. Lyle, in his Individual Capacity, and in his Capacity as an Employee of the West Virginia Attorney-General Medicaid Fraud Control Unit v. The Honorable Kenneth D. Ballard, Judge of the Circuit Court of Kanwaha County, and Hisel Bailey, and West Virginia Attorney-General, Medicaid Fraud Control Unit, and Nathan R. Lyle, in his Individual Capacity, and in his Capacity as an Employee of the West Virginia Attorney-General Medicaid Fraud Control Unit v. Hisel BaileyWest Virginia Supreme Court · 2023