Legal Opinion
United States v. Daniel E. Besler
Court of Appeals for the Seventh Circuit
Decided June 21, 1996No. 96-1220PublishedCited by 9 opinions
1Opinion of the Court
CUMMINGS, Circuit Judge.
The Sentencing Guidelines afford defendants a downward departure for voluntarily disclosing their offense prior to its discovery. U.S.S.G. § 5K2.16. The Guidelines state in plain language that such a downward departure is only warranted where the offense was unlikely to have been discovered absent the defendant’s disclosure. The district court in this case granted a downward departure but made inadequate findings regarding the likelihood of discovery, focusing instead on the defendant’s subjective motivations for disclosing his offense. We therefore vacate and remand…
2Cases cited7 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. James E. CareyCourt of Appeals for the Seventh Circuit · 1990
- United States v. Gene Francis Newby and Raynaldo Barber. Gene Francis Newby (Appellant in No. 92-5711). Raynaldo Barber (Appellant in No. 92-5712)Court of Appeals for the Third Circuit · 1993
- United States v. Ronald G. RitsemaCourt of Appeals for the Seventh Circuit · 1994
- United States v. Raymond Keith ShermanCourt of Appeals for the Seventh Circuit · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. David Tenorio SablanCourt of Appeals for the Ninth Circuit · 1997
- United States v. John F. LovaasCourt of Appeals for the Seventh Circuit · 2001
- United States v. Lowell J. EkelandCourt of Appeals for the Seventh Circuit · 1999
- United States v. Michael Edward AertsCourt of Appeals for the Seventh Circuit · 1997
- United States v. Robin FerronCourt of Appeals for the Seventh Circuit · 2004
4 more not listed; retrieve them via the Exa API.