Legal Opinion

United States v. Randy Graham

Court of Appeals for the Sixth Circuit

Decided April 28, 2003No. 02-1575PublishedCited by 30 opinions

1Opinion of the CourtMoore, J., joined by Boggs, J.,

COHN, D.J. (p. 466), delivered a separate opinion concurring in the result.

OPINION

MOORE, Circuit Judge.

Section 5G1.2(d) of the U.S. Sentencing Guidelines requires that when the sentence imposed on the count with the greatest statutory maximum is less than the total punishment provided under the guidelines, sentences must be imposed consecutively to the extent necessary to reach the total punishment. U.S. Sentencing Guidelines Manual § 5G1.2(d). Section 5G1.2(a) provides that when a statute specifies a mandatory sentence for an offense and specifies that the sentence is to run consecutively to…

2Cases cited9 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. CottonSupreme Court of the United States · 2002
  3. Philip D. Overstreet v. Lexington-Fayette Urban County GovernmentCourt of Appeals for the Sixth Circuit · 2002
  4. United States v. Randy GrahamCourt of Appeals for the Sixth Circuit · 2001
  5. Mario Rosales-Garcia v. J.T. Holland, Warden, Reynero Arteaga Carballo v. Mark Luttrell, Warden Immigration and Naturalization ServiceCourt of Appeals for the Sixth Circuit · 2003

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3Cited by30 opinions

  1. Keith Bowles v. Harry Russell, WardenCourt of Appeals for the Sixth Circuit · 2005
  2. Niemi v. NHK Spring Co., Ltd.Court of Appeals for the Sixth Circuit · 2008
  3. United States v. FranklinCourt of Appeals for the Sixth Circuit · 2007
  4. United States v. Kevin DavisCourt of Appeals for the Sixth Circuit · 2014
  5. United States v. Carlos Alberto Ossa-GallegosCourt of Appeals for the Sixth Circuit · 2007

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

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