Legal Opinion

United States v. Sammy Don McGhee

Court of Appeals for the Sixth Circuit

Decided August 18, 1989No. 88-5878PublishedCited by 78 opinions

1Opinion of the Court

DAVID A. NELSON, Circuit Judge.

This is an appeal from a sentence imposed under the new sentencing guidelines following the appellant’s conviction on charges involving the possession and distribution of cocaine and phencyclidine (PCP). The appellant’s sentence was enhanced by two levels under § 2Dl.l(b) of the guidelines because of his possession of firearms during the commission of the offenses. The commentary to this section of the guidelines states that “[t]he adjustment should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the…

2Cases cited9 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Mullaney v. WilburSupreme Court of the United States · 1975
  3. Patterson v. New YorkSupreme Court of the United States · 1977
  4. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  5. United States v. Jorge Feliz-Cordero and Alexander Feliz-EncarnacionCourt of Appeals for the Second Circuit · 1988

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3Cited by78 opinions

  1. Poindexter v. StateCourt of Criminal Appeals of Texas · 2005
  2. Eugene Williams Gall, Jr. v. Phil Parker, WardenCourt of Appeals for the Sixth Circuit · 2000
  3. United States v. Alexander DurriveCourt of Appeals for the Seventh Circuit · 1990
  4. United States v. ElderCourt of Appeals for the Sixth Circuit · 1996
  5. United States v. Leon CombsCourt of Appeals for the Sixth Circuit · 2004

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

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