Legal Opinion
United States v. Stephen Robert Gunning
Court of Appeals for the Ninth Circuit
Decided March 31, 2005No. 04-30104PublishedCited by 52 opinions
1Opinion of the Court
FERNANDEZ, Circuit Judge.
Stephen R. Gunning appeals from a judgment entered against him pursuant to his plea of guilty to wire fraud. 18 U.S.C. § 1343. He claims that the schedule for payment of restitution while he was in prison was improperly delegated to the Bureau of Prisons (BOP), and that he was improperly denied allocution at sentencing. We agree, and remand for further proceedings.
BACKGROUND
On March 21, 2001, Gunning was indicted for two counts of wire fraud in violation of 18 U.S.C. § 1343. He and a codefen-dant were alleged to have participated in an investment fraud scheme in which…
2Cases cited16 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Witte v. United StatesSupreme Court of the United States · 1995
- United States v. James Earl MatthewsCourt of Appeals for the Ninth Circuit · 2002
- United States v. SarnoCourt of Appeals for the Ninth Circuit · 1995
- United States v. Michael Anthony AdamsCourt of Appeals for the Third Circuit · 2001
11 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
- Ward v. ChavezCourt of Appeals for the Ninth Circuit · 2012
- United States v. MarksCourt of Appeals for the Ninth Circuit · 2008
- United States v. Antonio D. StephensCourt of Appeals for the Ninth Circuit · 2005
- United States v. SawyerCourt of Appeals for the Seventh Circuit · 2008
47 more not listed; retrieve them via the Exa API.