United States v. Nick Alfred Owens, United States of America v. Kevin Lee Johnson

How courts have described this case

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

• finding sufficient evidence of possession where police found gun in bedroom that defendant did not share
• describing the procedure set forth in United States v. James, 590 F.2d 575 (5th Cir. 1979)
• discussing these “recognized indicia of leadership and control” relevant to a § 3B1.1(a) determination
• defining “independent evidence” as simply “evidence other than the proffered [co- conspirator] statements themselves”
• agreeing with defendant’s flour wholesaler/retailer analogy and stating that “Pillsbury could not be considered the ‘organizer or leader’ of a local bakery merely because it supplied flour on credit and derived significant profits from the business relationship”
• lack of above evidence renders sentencing court’s application of the guideline clearly erroneous

Source: CourtListener parenthetical corpus (CC0).