BARBER

v.

UNITED STATES

Citator

Cited By (25 total)

• Hubbard v. United States, 514 U.S. 695 (U.S. 1995)
  …1985) (per curiam); United States v. Wood, 6 F. 3d 692, 694-695 (CA10 1993). Although the Seventh and District of Columbia Circuits have questioned the basis of the exception, see United States v. Barber, 881 F. 2d 345, 350 (CA7 1989), cert. denied, 495 U. S. 922 (1990); United States v. Poindexter, 951 F. 2d 369, 387 (CADC 1991), cert. denied, 506 U. S. 1021 (1992), the Sixth Circuit stands alone in unambiguously rejecting it. We express no opinion as to whether any other entity within the Judicial Branch…
• United States v. Olando Johnson, 953 F.2d 110 (4th Cir. 1991)
  …se.” Chapple, 942 F. 2d at 441. See, e.g., Goodman, 914 F. 2d at 699; Walker 930 F. 2d at 795. The only prior Fourth Circuit decision that provides any guidance on this issue is United States v. Thompson, 891 F. 2d 507 (4th Cir.1989), cert. denied, 495 U.S. 922, 110 S.Ct. 1957, 109 L.Ed.2d 319 (1990). That case, decided under the previous version of § 4B1.2, ruled that a prior conviction under a South Carolina statute outlawing the pointing of a firearm at a person did qualify as a violent crime for purpos…
• United States v. Edgar, 971 F.2d 89 (8th Cir. 1992)
  …ion that no such mitigating circumstance existed in this case, and thus it did not have a basis for departure, was an exercise of discretion that is not reviewable. See, e.g., United States v. Evidente, 894 F. 2d 1000, 1004 (8th Cir.), cert. denied, 495 U.S. 922, 110 S.Ct. 1956, 109 L.Ed.2d 318 (1990). C. Amount of Loss Under the Sentencing Guidelines, the offense level for fraudulent conduct is increased according to the amount of loss. The amount of loss used to increase the offense level may be either…