CHOTAS

v.

UNITED STATES

Citator

Cited By

• United States v. Godfrey, 22 F.3d 1048 (11th Cir. 1994)
  …ssion did so, a district court is precluded from departing from the guideline sentence range on account of it. United States v. Weaver, 920 F. 2d 1570, 1573 (11th Cir.1991); United States v. Chotas, 913 F. 2d 897, 900 (11th Cir.1990), cert. denied, 499 U.S. 950, 111 S.Ct. 1421, 113 L.Ed.2d 473 (1991). Second, if the Commission did not adequately consider the circumstance in question, we decide whether the district court’s reliance on the circumstance — that is, the court’s treatment of the circumstance as…
• United States v. Forney, 9 F.3d 1492 (11th Cir. 1993)
  …part downward from the applicable guideline range under § 5K1.1 in the absence of a governmental motion is a pure question of law subject to our de novo review.” United States v. Chotas, 913 F. 2d 897, 900 (11th Cir.1990) (per curiam), cert. denied, 499 U.S. 950, 111 S.Ct. 1421, 113 L.Ed.2d 473 (1991). A district court’s ability to impose a sentence below a statutory minimum is restricted by two controlling statutes to instances when the government moves for such a departure based upon a defendant’s subst…
• United States v. Strollar, 10 F.3d 1574 (11th Cir. 1994)
  …view the evidence in the light most favorable to the government, while drawing all reasonable inferences and resolving all credibility choices in the government’s favor. Id.; United States v. Chotas, 913 F. 2d 897, 898 (11th Cir.1990), cert. denied, 499 U.S. 950, 111 S.Ct. 1421, 113 L.Ed.2d 473 (1991). The court need not find that the evidence was inconsistent with every reasonable hypothesis of innocence; a jury is free to choose among reasonable constructions of the evidence. See United States v. Bell,…