Opinion · Supreme Court of the United States
Nicholas v. United States
493 U.S. 861
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1989-10-02
- Topic
- litigation
How later courts describe this case
- holding that where defendant was convicted of credit card fraud, concealing and burning body of credit card owner constituted extreme conduct
- almost continuous incarceration since age seventeen for various felony convictions bespeaks propensity for future criminal conduct
- “[T]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.”
- "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.”
- “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.”
- defendant’s acts during state investigation supported obstruction of justice finding
- hiding stolen credit card under, seat of police car
Citator
UpLaw has not yet analyzed Nicholas v. United States. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 117 opinions
- Distinguished
- 2 times
Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit.
Denied.