green
Positive treatment
Quoted verbatim 6×
16.3 score
G Cite
cited 4× by 2 distinct cases, last quoted 1991 ·
…he mere fact that a departure sentence exceeds by several times the maximum recommended under the guidelines is of no independent consequence in determining whether the sentence is reasonable.
⚠ not in text
cited 4× by 2 distinct cases, last quoted 1994 ·
…section 3c1.1 is a directive to the court, instructing it to increase the offense level if it makes specific findings. hence, if the court finds that the defendant obstructed justice, it must make the upward adjustment.
⚠ not in text
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 24 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States Court of Appeals, Third Circuit
(2×)
section 3c1.1 is a directive to the court, instructing it to increase the offense level if it makes specific findings. hence, if the court finds that the defendant obstructed justice, it must make the upward adjustment.
examined
Cited as authority (quoted)
United States v. Porat
(2×)
section 3c1.1 is a directive to the court, instructing it to increase the offense level if it makes specific findings. hence, if the court finds that the defendant obstructed justice, it must make the upward adjustment.
examined
Cited as authority (quoted)
United States v. Sergio Gonzales, A/K/A Sergio Gonzalez
(2×)
he mere fact that a departure sentence exceeds by several times the maximum recommended under the guidelines is of no independent consequence in determining whether the sentence is reasonable.
examined
Cited as authority (quoted)
United States v. Mark Stephen Benskin
(2×)
he mere fact that a departure sentence exceeds by several times the maximum recommended under the guidelines is of no independent consequence in determining whether the sentence is reasonable.
examined
Cited as authority (quoted)
United States v. Donnie G. Brunson
(4×)
also: Cited "see, e.g."
the mere fact that a departure sentence exceeds by several times the maximum recommended under the guidelines is of no independent consequence in determining whether the sentence is reasonable.
examined
Cited as authority (quoted)
United States v. Harrington
(2×)
the court's discretion to depart from the guidelines is broad.
discussed
Cited "see"
McKay v. Great American Insurance Co.
(2×)
See United States v. Roberson, 872 F.2d 597, 611 (5th Cir.1989) (concluding that state agreement for immunity could not bind the federal government, and thus curtail federal prosecutorial discretion, where no agreement was reached with federal prosecutors or regarding federal prosecution), cert. denied, 493 U.S. 861 , 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989).
examined
Cited "see"
United States v. Charles William McHan United States of America v. Charles William McHan
(4×)
See United States v. Roberson, 872 F.2d 597, 611-12 (5th Cir.) (holding Kastigar protections inapposite where cooperation was not compelled but was voluntarily provided pursuant to immunity agreement), cert. denied, 493 U.S. 861 , 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989); United States v. Eliason, 3 F.3d 1149, 1152-53 (7th Cir.1993) (same); United States v. Camp, 72 F.3d 759, 761 (9th Cir.1995) (same), cert. denied, — U.S. -, 116 S.Ct. 1557 , 134 L.Ed.2d 658 (1996).
examined
Cited "see"
United States v. Lopez Quintero
(3×)
See United States v. Roberson, 872 F.2d 597, 604-05 (5th Cir.), cert. denied, 493 U.S. 861 , 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989). 7 The section focuses on the defendant’s conduct, not the characteristics of the victim. 8 Id.
discussed
Cited "see"
United States v. Bill Wilder
(2×)
See United States v. Roberson, 872 F.2d 597, 601 (5th Cir.), cert. denied, 493 U.S. 861 , 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989).
discussed
Cited "see"
United States v. Wilder
(2×)
See United States v. Roberson, 872 F.2d 597, 601 (5th Cir.), cert. denied, 493 U.S. 861 , 110 S. Ct. 175 , 107 L.
discussed
Cited "see"
United States v. James M. Eliason
(2×)
See United States v. Roberson, 872 F.2d 597, 611-12 (5th Cir.), cert. denied, 493 U.S. 861 , 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989).
discussed
Cited "see"
United States v. Felmon Lakeith Laury, A/K/A Felmon Keith Ashley, A/K/A Walter Ray Nicholson
(2×)
See United States v. Roberson, 872 F.2d 597, 607 (5th Cir.1989), cert. denied, 493 U.S. 861 , 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989).
discussed
Cited "see"
U.S. v. Laury
(2×)
See United States v. Roberson, 872 F.2d 597, 607 (5th Cir. 1989), cert. denied, 493 U.S. 861 , 110 S. Ct. 175 , 107 L.
discussed
Cited "see"
United States v. Larry Dortch
(2×)
See United States v. Roberson, 872 F.2d 597, 609 (5th Cir.) (construing instant offense to refer to offense of conviction), cert. denied, — U.S. -, 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989).
discussed
Cited "see"
United States v. Jose Angel Villarreal
(2×)
See United States v. Roberson, 872 F.2d 597, 610 (5th Cir.), cert. denied, _ U.S. _, 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989).
discussed
Cited "see"
United States v. Johnny B. Williams
(2×)
See United States v. Roberson, 872 F.2d 597, 600-01 (5th Cir.), cert. denied, - U.S. -, 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989). 2 .
discussed
Cited "see"
United States v. Jackson
(2×)
See Russell, 905 F.2d at 1456 (quoting United States v. Roberson, 872 F.2d 597, 607-08 (5th Cir.), cert. denied, — U.S. —, 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989)).
discussed
Cited "see"
United States v. Calvin Raymond Rogers
(2×)
See United States v. Roberson, 872 F.2d 597, 601 (5th Cir.), cert. denied, — U.S. -, 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989).
discussed
Cited "see"
United States v. Landaw
(2×)
See United States v. Roberson, 872 F.2d 597 (5th Cir.), cert. denied — U.S. -, 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989).
examined
Cited "see"
United States v. William J. Burns
(3×)
See United States v. Roberson, 872 F.2d 597, 606-607 (5th Cir. 1989), cert. denied, - U.S. -, 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989). 107 L.Ed.2d 131 (1989). *1348 C.
discussed
Cited "see, e.g."
United States v. Short
(2×)
"Whether the oral use-immunity agreement at issue in this case is subject to the full Kastigar protections is. doubtful because [Short] voluntarily cooperated with the government.” McHan, 101 F.3d at 1036 ; see also United States v. Roberson, 872 F.2d 597, 611-12 (5th Cir.) (holding that where cooperation was not compelled but was voluntarily provided pursuant to a state immunity agreement, that agreement cannot bind federal prosecutors), cert. denied, 493 U.S. 861 , 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989); United States v. Eliason, 3 F.3d 1149, 1152-53 (7th Cir.1993) (same); United States v.…
discussed
Cited "see, e.g."
United States v. Andrello
(2×)
See, e.g., United States v. Roberson, 872 F.2d 597 (5th Cir.), cert. denied, 493 U.S. 861 , 110 S.Ct. 175 , 107 L.Ed.2d 131 (1989); United States v. Brimberry, 744 F.2d 580 (7th Cir.1984), cert. denied, 481 U.S. 1039 , 107 S. Ct.1977, 95 L.Ed.2d 817 (1987).
Retrieving the full opinion text from the archive…
George W. NICHOLAS
v.
UNITED STATES
v.
UNITED STATES
No. 89-5131.
Supreme Court of the United States.
Oct 2, 1989.
Cited by 117 opinions | Published
Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit.
Denied.