Legal Opinion
United States v. Philip Scott Ashburn
Court of Appeals for the Fifth Circuit
Decided November 15, 1994No. 93-1067PublishedCited by 102 opinions
1Opinion of the Court
ROBERT M. PARKER, Circuit Judge:
This ease requires us to examine again the subject of departures under Section 4A1.3 of the Federal Sentencing Guidelines. Specifically, we must address whether conduct that formed the basis for counts of an indictment dismissed pursuant to a plea agreement may be considered in departing upward from the Guidelines, and we must revisit the issue of the justification required for such a departure under United States v. Lambert, 984 F.2d 658 (5th Cir.1993) (en banc).
Pursuant to a plea agreement, Philip Scott Ashburn pled guilty to two counts of bank robbery in…
2Cases cited11 opinions
- United States v. Won Tae KimCourt of Appeals for the Second Circuit · 1990
- United States v. David LambertCourt of Appeals for the Fifth Circuit · 1993
- United States v. Joseph Edward CoeCourt of Appeals for the Second Circuit · 1989
- United States v. Jesse ZamarripaCourt of Appeals for the Tenth Circuit · 1990
- United States v. Efrain Velasquez-MercadoCourt of Appeals for the Fifth Circuit · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- United States v. WackerCourt of Appeals for the Tenth Circuit · 1995
- United States v. CoxCourt of Appeals for the Tenth Circuit · 1996
- United States v. SmithCourt of Appeals for the Fifth Circuit · 2005
- United States v. John BairdCourt of Appeals for the Third Circuit · 1997
- United States v. RouteCourt of Appeals for the Fifth Circuit · 1997
97 more not listed; retrieve them via the Exa API.