· 12/1/1995
United States v. Kevin Guy Harris
Citations
- 70 F.3d 1001
- 1995 U.S. App. LEXIS 33468
- 1995 WL 704341
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that conduct from dismissed counts cannot be relied upon as a basis for departure
- holding that consideration of conduct underlying dismissed counts to support an upward departure is inappropriate
- emphasizing the court’s power under Rule 11 to reject the plea agreement rather than thwart the parties’ expectations as to the ultimate disposition of the case
- remanding the case to the district court with instructions either to resentence the defendant, or to reject the plea agreement and allow Harris to withdraw his plea
- emphasizing the court's power under Rule 11 to reject the plea agreement rather than thwart the parties' expectations as to the ultimate disposition of the case
- once court accepted plea agreement, parties had \reasonable expectation\ that court would sentence within appropriate Guidelines range
Source: CourtListener parenthetical corpus (CC0).
Judges: Fagg, Lay, Heaney
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.