RUBINS

v.

COLORADO

Citator

Cited By

• United States v. Helene Donna Alpert, 28 F.3d 1104 (11th Cir. 1994)
  …elease); United States v. Teta, 918 F. 2d 1329, 1332-1335 (7th Cir.1990) (failure to appear at arraignment); United States v. Perry, 908 F. 2d 56, 59 (6th Cir.) (failure to report to probation officer while on bond pending sentencing), cert. denied, 498 U.S. 1002, 111 S.Ct. 565, 112 L.Ed.2d 571 (1990). These cases involving failure to appear were decided on the rationale of knowledge, impheating intent, and delay or obstruction of the administration of justice. In Draper, the Ninth Circuit focused on the w…
• United States v. Draper, 996 F.2d 982 (9th Cir. 1993)
  …-lo. Thus, our decision in Mondello controls this case. Draper argues that a two week absence is not sufficient to warrant the obstruction adjustment. He distinguishes his position from United States v. Perry, 908 F. 2d 56 (6th Cir.), cert. denied, 498 U.S. 1002, 111 S.Ct. 565, 112 L.Ed.2d 571 (1990), where the defendant received an obstruction adjustment after remaining at large for eight months. We reject this argument; a two week absence is more than enough. Mondello, 927 F. 2d at 1466-67; see also Unite…
• United States v. Ivery, 999 F.2d 1043 (6th Cir. 1993)
  …“The culpability determination is ‘heavily dependent upon the facts,’ and the defendant has the burden of proving mitigating factors by a preponderance of the evidence.” U.S. v. Perry, 908 F. 2d 56, 58 (6th Cir.) (citations omitted), cert. denied, 498 U.S. 1002, 111 S.Ct. 565, 112 L.Ed.2d 571 (1990). The trial judge’s determination constitutes a factual finding, subject to the “clearly erroneous” standard of review. U.S. v. Anders, 899 F. 2d 570, 580 (6th Cir.), cert. denied sub nom. Weddle v. U.S., 498 U.…