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· 4/7/1998

United States v. Kevin Ashley

Citations

  • 141 F.3d 63
  • 1998 U.S. App. LEXIS 6888
  • 1998 WL 161937

How courts have described this case

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

  • concluding that upward departure was not unreasonable where “the court noted that while many of them were minor offenses, several others involved physical conflicts with arresting officers or other assaults with in- tent to inflict bodily injury”
  • Guidelines authorize a departure where a defendant’s criminal history category significantly under-represents- the seriousness of the defendant’s criminal history or the likelihood that he will commit further crimes
  • “The defendant need not have been armed in order for his conduct to have posed such a risk; the lack of weapon does not given an arrestee carte blanche to commit mayhem . . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Walker, Weinstein

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.