MOSES
v.
CARNES

U.S. | 1993-02-22
No. 92-6966
507 U.S. 934 Supreme Court of the United States (1993) Positive Treatment
Cited by 1 case
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  • United States v. Withrow, 85 F.3d 527 (11th Cir. 1996)
    …re most certain that it requires more than an act which is merely a first offense or ‘out of character’ for the defendant ... [as] those considerations are taken into account in calculating the defendant’s criminal history category.”), cert. denied, 507 U.S. 934, 113 S.Ct. 1320, 122 L.Ed.2d 706 (1993) (citation omitted). But see United States v. Tsosie, 14 F. 3d 1438, 1441 (10th Cir.1994) (expanding Carey to hold that “[t]he totality of circumstances must be viewed to see whether the offense fits within […

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