U.S. v. Rodgers
| Citation | 972 F.2d 1253 |
| Decision Date | 22 September 1992 |
| Docket Number | No. 90-7140,90-7140 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. George RODGERS, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
Appeal from the United States District Court for the Southern District of Alabama, William Brevard Hand.
ON PETITION FOR REHEARING
Before KRAVITCH and EDMONDSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.
The last paragraph of part A of our 28 January 1992 opinion is hereby withdrawn in its entirety. In its place we make this statement:
We see no reason to differ from the conclusion reached in other circuits on this question. The district court erred in assessing the three level increase.
The judgment of the Court and the remainder of the opinion are unchanged.
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U.S. v. Foree
...... Page 1581 . Edge and Robinson squarely held that a cutting without roots is not a plant. The government would have us hold that a cutting is a plant if "it appears to the court to be a growing and living thing, even if its root structures are not yet formed." The ...Rodgers, 951 F.2d 1220, 1221-22 (11th Cir.), modified, 972 F.2d 1253 (11th Cir.1992) (apparently construing 1989-90 Sentencing Guidelines). See also United ......
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U.S. v. Eidson
...... As we noted in United States v. Rodgers, a sentencing court cannot enhance an offense level merely because a defendant "acted with others for the other charges against him." 951 F.2d 1220, ......
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U.S. v. Holland
......Page 1046. States v. Rodgers, 951 F.2d 1220, 1222 (11th Cir.) (citation omitted), modified in part, 972 F.2d 1253 (1992). In other words, in deciding whether individuals were ...B. The final issue before us on appeal concerns the district court's sua sponte refusal to apply the guideline applicable to perjury cases based on the fact that Holland's ......
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U.S. v. Maxwell
......denied, --- U.S. ----, 113 S.Ct. 1323, 122 L.Ed.2d 709 (1993); Mullins, 971 F.2d at 1144; Hahn, 960 F.2d at 910. 34 See United States v. Rodgers, 951 F.2d 1220, 1223 (11th Cir.1992) (offense of conviction and other offenses part of same course of conduct where they "occurred closely related in ......
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