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

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.” | "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." | “[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.” | “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 | "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." | hiding stolen credit card under, seat of police car

Citator

Authority status
pending
Cited by
108 opinions
Distinguished
2 times

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit.

Denied.