Legal Opinion

United States v. Dewain Moses

Court of Appeals for the Sixth Circuit

Decided February 13, 1997No. 95-6066PublishedCited by 30 opinions

1Opinion of the Court

BOGGS, Circuit Judge.

A criminal whose sentencing had been postponed because he was dangerously deranged finally faced sentencing. He had already been confined, as a committed patient, far longer than the normal guidelines range of twelve to eighteen months. A sentence in that range would mean his imminent freedom. To delay the apparent hazard of this man’s liberty, the district judge instead sentenced him to ten years in prison, by means of an “upward departure” pursuant to USSG §§ 5K2.0 and 5K2.14. We are asked to determine whether that exercise of judgment was correct. We hold that it was…

2Cases cited13 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. United States v. Francisco Javier Barajas-NunezCourt of Appeals for the Sixth Circuit · 1996
  3. United States v. Carl Jennings (95-3317) John Stepp (95-3318)Court of Appeals for the Sixth Circuit · 1996
  4. United States v. Franklin Delano JoanCourt of Appeals for the Sixth Circuit · 1989
  5. United States v. Barron D. FonnerCourt of Appeals for the Seventh Circuit · 1990

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

3Cited by30 opinions

  1. United States v. S.A.Court of Appeals for the Eighth Circuit · 1997
  2. United States of America, Plaintiff-Appellee/cross-Appellant v. Jack Chilingirian, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2002
  3. United States v. PinsonCourt of Appeals for the Tenth Circuit · 2008
  4. United States v. VolungusCourt of Appeals for the First Circuit · 2010
  5. United States v. John A. Campbell, Kenneth E. GreenCourt of Appeals for the Sixth Circuit · 2003

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

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