· 8/7/1990
United States v. Pedro v. Spedalieri
Citations
- 910 F.2d 707
- 1990 U.S. App. LEXIS 13376
- 1990 WL 111215
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- adumbrating that “contrition” is necessary to receive a downward departure for acceptance of responsibility
- explaining that, when no Supreme Court decision establishes controlling precedent, “[a] district court must follow the precedent of this circuit regardless of its views [about] the advantages of” precedent from elsewhere
- noting that a panel cannot overrule circuit precedent
- defendant argued district court never exercised its discretion in considering evidence of diminished capacity because jury verdict rejected insanity defense
- “Even if we were inclined toward Spedalieri’s position, which we are not, a panel cannot overrule circuit precedent.”
- “A district court must follow the precedent of this circuit, regardless of its views concerning the advantages of the precedent of our sister circuits.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Logan, Baldock, Brorby
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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