ROUNDS

v.

UNITED STATES

Citator

Cited By (11 total)

• United States v. Costales, 5 F.3d 480 (11th Cir. 1993)
  …“a particular defendant is less culpable than other members of the group to such a degree that a distinction should be made at sentencing between him and the other participants.” United States v. Gordon, 895 F. 2d 932, 935 (4th Cir.), cert. denied, 498 U.S. 846, 111 S.Ct. 131, 112 L.Ed.2d 98 (1990). In arriving at an appropriate sentence, a district court is not necessarily cabined by the precise nature of the crime for which the defendant was convicted. Section 3B1 allows the sentencing judge to look to…
• United States v. Carroll, 6 F.3d 735 (11th Cir. 1993)
  …ged and convicted: conspiracy to manufacture and possess with intent to distribute, and possession with intent to distribute. We find persuasive the reasoning of the Fourth Circuit in United States v. Gordon, 895 F. 2d 932 (4th Cir.), cert. denied, 498 U.S. 846, 111 S.Ct. 131, 112 L.Ed.2d 98 (1990), which involved facts somewhat similar to this case. Gordon was convicted after a jury trial of possession with intent to distribute cocaine. At sentencing, Gordon admitted that he was guilty of simple possessio…
• United States v. Wagner, 989 F.2d 69 (2d Cir. 1993)
  …d before the district court and we may not consider it. The general rule is that a reviewing court will not consider claims not presented before the district court. Thomas E. Hoar, Inc. v. Sara Lee Corp., 900 F. 2d 522, 527 (2d Cir.), cert. denied, 498 U.S. 846, 111 S.Ct. 132, 112 L.Ed.2d 100 (1990). Reviewing courts may depart from this general rule “only when necessary to avoid manifest injustice.” Schmidt v. Polish People’s Republic, 742 F. 2d 67, 70 (2d Cir.1984). No such injustice has been demonstrate…