U.S. v. Jackson
| Decision Date | 17 July 1990 |
| Docket Number | No. 89-6118,89-6118 |
| Citation | 921 F.2d 985 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Leonard Brady JACKSON, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Prior Report: 903 F.2d 1313.
Before HOLLOWAY, McKAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY and EBEL, Circuit Judges.
Upon consideration of appellant's petition for rehearing and suggesting for rehearing en banc, the court grants rehearing en banc on the sole issue of what standards govern the degree of upward departure from the guideline sentencing range. The parties shall file supplemental briefs on that issue.
Appellant's supplemental brief shall be filed within 21 days from the date of this order. Appellee's supplemental brief shall be filed within 21 days after service of appellant's supplemental brief. The supplemental briefs shall be limited to 25 pages. Within 10 days after service of appellee's supplemental brief, appellant may file a reply brief of no more than 15 pages.
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U.S. v. Smith, 96-1245
...States v. Jackson, we held a sentencing court must explain, inter alia, why "that specific degree of departure is reasonable." 921 F.2d 985, 989 (10th Cir.1990). Thus, we consider the district court's articulated reasons for the imposition of the particular sentence, as well as factors such......
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US v. Rogers
... ... 8 For 921 F.2d 980 this reason alone the Seventh Circuit has recently held that the Fifth Amendment is not implicated in a presentence interview. United States v. Jackson, 886 F.2d 838, 842 n. 4 (7th Cir.1989) ("We do not believe that a federal probation officer acts on behalf of the prosecution. The custodial statements made by Jackson, which arguably exposed him to serious consequences, were not made to someone acting on behalf of the government prosecutors ... ...
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U.S. v. Robertson
...discretion to fashion an appropriate sentence by departing from the prescribed sentencing range. See United States v. Jackson, 921 F.2d 985, 991 (10th Cir.1990) (en banc). We have, for example, acknowledged that district courts may, in appropriate cases, upwardly depart based on reasons not......
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U.S. v. Bowser, s. 90-3234
...350 (10th Cir.1991) (review application of the sentencing guidelines to facts under "due deference" standard); United States v. Jackson, 921 F.2d 985, 991 (10th Cir.1990) ("A district court has considerable discretion in appraising a defendant's criminal history."); United States v. Johnson......