UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
GEORGE RODGERS, DEFENDANT-APPELLANT

11th Cir. | 1992-09-22
No. 90-7140
Before KRAVITCH and EDMONDSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.
972 F.2d 1253 Court of Appeals for the Eleventh Circuit (1992) Positive Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM:

PER CURIAM: The last paragraph of part A of our 28 January 1992 opinion is hereby withdrawn in its entirety.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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  • Custis v. United States, 511 U.S. 485 (U.S. 1994)
    …klin, 8 F. 3d 1037 (CA6 1993) (en banc); United States v. Gallman, 907 F. 2d 639,642-645 (CA7 1990); United States v. Day, 949 F. 2d 973, 981-983 (CA8 1991); United States v. Clawson, 831 F. 2d 909, 914-915 (CA9 1987); and United States v. Franklin, 972 F. 2d 1253,1257-1258 (CA11 1992). Title 18 U. S. C. §922 provides in pertinent part as follows: “(g) It shall be unlawfiil for any person— “(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; “to sh…
  • United States v. Diaz-Lizaraza, 981 F.2d 1216 (11th Cir. 1993)
    …over beeper number. In considering the ruling on the motion to suppress, we review the district court’s findings of fact for clear error. The district court's application of law to those facts is subject to de novo review. United States v. Franklin, 972 F. 2d 1253, 1256 (11th Cir.1992). We find no error in the trial court’s factual findings or legal conclusions and affirm the trial court’s denial of Diaz’s motion to suppress. Investigatory Terry Stop Law enforcement officers may briefly detain a person for a…
  • United States v. Foree, 43 F.3d 1572 (11th Cir. 1995)
    …nt, "the sentencing court [must] limit its factual inquiry to the defendant's role in the offense of conviction instead of other criminal conduct in which he may have engaged.” United States v. 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 States v. De La Rosa, 922 F. 2d 675, 680 (11th Cir.1991) (same; construing 1988 or 1989 Guidelines); JefriWood & Diane Sheehey, Guideline Sentencing 50 (Fed.Jud…

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