United States v. Daniel Roger Nisely, 900 F.2d 257 (4th Cir. 1990). · Go Syfert
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United States v. Daniel Roger Nisely, 900 F.2d 257 (4th Cir. 1990). Cases Citing This Book View Copy Cite
37 citation events (1 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Letitia Magini, A/K/A Tish Anderson (ca4, 1992-09-03)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" United States v. Letitia Magini, A/K/A Tish Anderson
4th Cir. · 1992 · signal: see · confidence high
See Reckmeyer v. United States, 709 F.Supp. 680, 688-89 (E.D.Va.1989) (“Counsel whose interests diverge from that of the defendant-client cannot render competent legal services ... ”), aff'd, 900 F.2d 257 (unpublished opinion) (4th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 131 , 112 L.Ed.2d 98 (1990); Walberg v. Israel, 766 F.2d 1071 (7th Cir.), cert. denied, 474 U.S. 1013 , 106 S.Ct. 546 , 88 L.Ed.2d 475 (1985); United States v. Hearst, 638 F.2d 1190 (9th Cir.1980), cert. denied, 451 U.S. 938 , 101 S.Ct. 2018 , 68 L.Ed.2d 325 (1981).
Retrieving the full opinion text from the archive…
United States
v.
Daniel Roger Nisely
89-5601.
Court of Appeals for the Fourth Circuit.
Mar 26, 1990.
900 F.2d 257
Unpublished

900 F.2d 257
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Daniel Roger NISELY, Defendant-Appellant.

No. 89-5601.

United States Court of Appeals, Fourth Circuit.

Submitted: Nov. 20, 1989.
Decided: March 26, 1990.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Malcolm J. Howard, District Judge. (88-51-01-CR-4)

William E. Martin, Federal Public Defender, Edwin C. Walker, Assistant Federal Public Defender, Raleigh, N.C., for appellant.

Margaret Person Currin, United States Attorney, Linda Kaye Teal, Assistant United States Attorney, Raleigh, N.C.; Sidney Glazer, Chief, Appellate Section, United States Department of Justice, Washington, D.C., for appellee.

E.D.N.C.

DISMISSED.

Before WIDENER, K.K. HALL and PHILLIPS, Circuit Judges.

PER CURIAM:

1

Daniel Roger Nisely appeals from the sentence imposed, under the Federal Sentencing Guidelines, upon his pleas of guilty to one count of kidnapping, 18 U.S.C. Sec. 1201, and one count of use of a firearm during and in relation to a crime of violence, 18 U.S.C. Sec. 924(c)(1). Nisely was sentenced to 174 months imprisonment to be followed by a five-year term of supervised release. He was also fined $2,500 and ordered to pay a $100 special assessment and $115 in restitution.

2

The only contention Nisely raises on appeal is that the district court abused its discretion under U.S.S.G. Sec. 5H1.3 by not departing downward from the guideline sentence range on the basis of his mental condition at the time he committed these crimes. As we recently decided in United States v. Bayerle, --- F.2d ---- (4th Cir. Mar. 9, 1990) (No. 89-5166), however, 18 U.S.C. Sec. 3742 does not provide a defendant appellate review of a district court's refusal to depart downward from a guideline range. The only recognized exception to this prohibition is if the district court's refusal to depart is the result of the "court's mistaken view that it lacked the authority to depart." Id. at 7. Appellant does not contend that the lower court held such a mistaken view. Consequently, the district court's discretionary decision not to depart downward is not subject to our review. Accordingly, this appeal is dismissed.

DISMISSED