Opinion · Supreme Court of the United States

Foreman v. United States

489 U.S. 1022

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1989-02-21
Topic
general

How later courts describe this case

  • finding section 3553(e) to fulfill the Congressional directive of section 994(n)
  • prosecutors may only move the court to adjust a sentence, a decision that remains with the trial court
  • in determining whether section 3553(e) impermissibly delegates unbridled discretion to the prosecution, court states that: "[t]he authority to actually reduce a sentence remains vested in the district court."
  • in determining whether section 3553(e) impermissibly delegates unbridled discretion to the prosecu tion, court states that: “[t]he authority to actually reduce a sentence remains vested in the district court.”
  • the “only authority ‘delegated' ... is the authority to move the district court for a reduction of sentence ... authority to actually reduce a sentence remains vested in the district court”
  • appellants have no constitutional right to the availability of the substantial assistance provision
  • Congress specifically authorized cumulative punishment under 18 U.S.C. §§ 1111, 1114 and 18 U.S.C. § 924(c)(1); therefore, under Hunter, defendant’s conviction and sentence under 18 U.S.C. § 924(c)(1) do not violate the double jeopardy clause regardless of the result under Blockburger

Citator

UpLaw has not yet analyzed Foreman v. United States. The absence of a flag is not a finding that it is good law.

Cited by
159 opinions

C. A. 3d Cir. Certiorari denied.