· 2/15/1990
United States v. Won Tae Kim
Citations
- 896 F.2d 678
- 1990 U.S. App. LEXIS 2493
- 1990 WL 14798
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that 5K2.0 departure permissible for misconduct “relat[ing] in some way to” offense of conviction
- holding that the court may use conduct in dismissed counts to support an upward departure
- holding that counts of possessing counterfeit money and smuggling undocumented aliens, even in the same episode, could not be grouped because the “interests protected by the immigration laws and the currency 4 laws are so distinct”
- noting that \the structure of the Guide- lines offers some guidance as to the normal extent of the departure\
- finding that \counterfeit money misconduct\ would normally be insufficiently related to alien-smuggling convictions to justify depar- ture but that in the particular circumstances the connection was suffi- cient
- noting temporal-only requirement would convert \a barroom brawl occurring `during' a three-month period in which a mail fraud offense was committed\ to relevant conduct
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Newman, Winter
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.