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· 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offense that was alleged to have been committed after November 1, 1987, fell short of establishing defendant had withdrawn from the conspiracy for purposes of determining if the Sentencing Guidelines apply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 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.