· 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 CourtListenerSourced 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.