WILKEN

v.

WHITLEY, WARDEN, ET AL.

Citator

Cited By

• United States v. Fiore, 983 F.2d 1 (1st Cir. 1992)
  …ate case on all fours, reported judicial opinions in analogous situations suggest that most courts would likely agree that deference is warranted here. The case closest in point is United States v. Smith, 909 F. 2d 1164 (8th Cir.1990), cert. denied, 498 U.S. 1032, 111 S.Ct. 691, 112 L.Ed.2d 682 (1991), in which the Eighth Circuit held that a prior conviction for conspiring to sell LSD, although charged under a general conspiracy statute, was a controlled substance offense and, hence, a proper predicate under…
• United States v. Brown, 985 F.2d 478 (9th Cir. 1993)
  ….S.G. § 5H1.1 (Policy Statement). Age, however, becomes relevant when it causes a defendant’s criminal history score significantly to overstate the seriousness of his criminal record. U.S. v. Smith, 909 F. 2d 1164, 1169 (8th Cir.1990), cert. denied, 498 U.S. 1032, 111 S.Ct. 691, 112 L.Ed.2d 682 (1991). We conclude, therefore, that nothing in the guidelines would preclude the district court from departing if it found that, in view of the nature of Brown’s prior convictions or Brown’s age when he committed one…
• United States v. Shoupe, 988 F.2d 440 (3d Cir. 1993)
  …164, 1169 (8th Cir.1990) (length and scope of defendant’s criminal career, including age of defendant at time of prior offenses and time between prior offenses, is relevant to decision whether to depart from criminal history category), cert. denied, 498 U.S. 1032, 111 S.Ct. 691, 112 L.Ed.2d 682 (1991); United States v. Brown, 903 F. 2d 540, 544 (8th Cir.1990) (although age is not a factor warranting a general departure under § 5K2.0, it may be considered in determining whether, under § 4A1.3, criminal histor…