Legal Opinion
UNITED STATES of America, Plaintiff-Appellee, v. James A. BERGER, Jr., Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided December 13, 1996No. 95-50564PublishedCited by 34 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
James A. Berger, Jr. was resentenced on remand from this court, for three narcotics counts and one count of using a firearm during a drug trafficking crime. He claims the resentencing court erroneously believed it did not have the discretion to depart downward on two grounds: that his career offender classification overrepresented his criminal history, and that the sentencing guidelines for cocaine base are disproportionately harsh in comparison to those for powder cocaine. We affirm the decision not to depart downward, and we remand for vacation of a 60-month…
2Cases cited23 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- United States v. ArmstrongSupreme Court of the United States · 1996
- United States v. Lewis J. SmithCourt of Appeals for the Sixth Circuit · 1996
- United States v. Walker Bennett MonroeCourt of Appeals for the Ninth Circuit · 1991
- United States v. Jose Fernando Garcia-GarciaCourt of Appeals for the Ninth Circuit · 1991
18 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Peso Chavez and Gregory Lee, Individually and on Behalf of All Persons Similarly Situated v. The Illinois State Police, Terrance W. Gainer, Individually and in His Official Capacity as Director of the Illinois State Police, Michael Snyders, Individually and in His Official Capacity as Illinois State Police Operation Valkyrie Coordinator, Edward Kresl, Individually and in His Official Capacity as District Commander of the Illinois State Police, and Larry Thomas, Daniel Gillette, Craig Graham, Robert P. Cessna, Robert Lauterbach, and Dale Fraher, Officers of the Illinois State Police, in Their Individual CapacitiesCourt of Appeals for the Seventh Circuit · 2001
- United States v. Juan CastilloCourt of Appeals for the Second Circuit · 2006
- United States v. Koran McKinley Allen, A/K/A SinbadCourt of Appeals for the Ninth Circuit · 2005
- United States v. Chet GovanCourt of Appeals for the Ninth Circuit · 1998
- Chavez v. Illinois State PoliceDistrict Court, N.D. Illinois · 1998
29 more not listed; retrieve them via the Exa API.