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· 1/9/2007

United States of America, Plaintiff-Appellee/cross-Appellant v. Almon D. Wells, Defendant-Appellant/cross-Appellee

Citations

  • 473 F.3d 640
  • 2007 U.S. App. LEXIS 360

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a juvenile adjudication for aggravated assault did not qualify as an ACCA predicate where the juvenile petition did not mandate the conclusion that the offense involved a firearm
  • observing that “it falls to BOP, not the district judge, to determine when a sentence is deemed to ‘commence’”
  • stating that the BOP, not the district judge, will determine when a sentence commences
  • upholding 14% upward variance based on defendant's \egregious actions\ and \lengthy history of escalating violent behavior\
  • upholding 14% upward variance based on defendant’s “egregious actions” and “lengthy history of escalating violent behavior”
  • “[W]e opt to [apply the categorical approach] to consideration of prior juvenile adjudications in the context of sentencing pursuant to the Armed Career Criminal Act.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Daughtrey, Gibbons, Edmunds

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.