[Download] "United States V. Mcdowell" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: United States V. Mcdowell
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 13, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Defendant, Kevin P. McDowell, appeals from the sentence imposed by the district court after conviction for cocaine-related offenses. McDowell was sentenced after the district court accepted a plea bargain in which he agreed to plead guilty to conspiracy charges in return for the dismissal of the substantive offenses. The district court made an upward departure from the Federal Sentencing Guidelines and offered the following reasons for so doing: (1) the impact of the plea agreement was to reduce by half the potential guidelines sentence because it failed to account for the fact that the defendant was operating a crack house within 1,000 feet of two schools; and (2) at the time the guidelines were adopted, the Sentencing Guidelines Commission could not have taken into consideration the extreme threat to society that has developed due to the use and sale of cocaine base, or "crack."

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