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· 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 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.