· 2/15/1990
United States v. Gary Patrick Watford, United States of America v. Austin Carven Gant, A/K/A Joe, United States of America v. David Lee Williams
Citations
- 894 F.2d 665
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding Guidelines applicable because defendant had not met burden of proving withdrawal before November 1, 1987
- upholding use of Guidelines in sentencing mail fraud coconspirator even though there was “no criminal conduct ascribed to him” after May 15, 1987
- the burden is on defendant to show that he withdrew from conspiracy in order to show Sentencing Guidelines do not apply
- sentences for two counts grouped together should run concurrently \except to the extent necessary to produce a sentence within the appropriate sentencing guidelines range.\
- “As to the [Guidelines] conspiracy count, the district judge sentenced Watford under the sentencing guidelines to a five-year term of imprisonment to be served consecutively to the thirty-five year term imposed for the” pre-Guidelines counts; emphasis added
- fact that defendant was acquitted of a substantive offense that was alleged to have been committed after November 1, 1987, fell short of establishing defendant had withdrawn from the conspiracy for purposes of determining if the Sentencing Guidelines apply
Source: CourtListener parenthetical corpus (CC0).
Judges: Britt, Eastern, Sprouse, Wilkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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