Legal Opinion
United States v. Richard Dale Cullens
Court of Appeals for the Sixth Circuit
Decided September 15, 1995No. 95-1303PublishedCited by 39 opinions
1Per curiam
Pursuant to a Fed.R.Crim.P. 11 agreement, the defendant pleaded guilty to one count of simple possession of marijuana. The presentence report computed defendant’s guideline range at 0-6 months. The report also noted, however, that a six-month upward departure may be warranted.
At sentencing, the government, without objection from the defendant, argued for and received an upward departure. The trial judge imposed a 12-month sentence. On appeal, defendant argues the government was precluded by the Rule 11 agreement from seeking an upward departure. He also argues for the first time on appeal…
2Cases cited6 opinions
- United States v. Ryan, JeremiahCourt of Appeals for the Third Circuit · 1989
- United States v. Luis Fernando Correa-VargasCourt of Appeals for the Second Circuit · 1988
- United States v. William Harold JohnsonCourt of Appeals for the Sixth Circuit · 1993
- United States v. Michael Charles BeattyCourt of Appeals for the Eighth Circuit · 1993
- United States v. Martha G. CrawfordCourt of Appeals for the Eleventh Circuit · 1989
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- United States v. Francis A. KoeberleinCourt of Appeals for the Sixth Circuit · 1998
- United States v. SimmonsCourt of Appeals for the Sixth Circuit · 2007
- United States v. Craig Alan Swanberg (02-1659) and Adam Elwin Tuimala (02-1836)Court of Appeals for the Sixth Circuit · 2004
- United States v. Darnell L. Walker (96-3073) William A. McKinley (96-3938)Court of Appeals for the Sixth Circuit · 1998
- United States v. Chris Jermaine Allen (96-6635) Corey Antoine Murray (96-6676) Jason Edward Webb (96-6677) Jeffery Ramone Buckley (96-6679)Court of Appeals for the Sixth Circuit · 1998
34 more not listed; retrieve them via the Exa API.