BRUCE

v.

UNITED STATES

Citator

Cited By

• United States v. Diaz, 248 F.3d 1065 (11th Cir. 2001)
  …h was consistent with its finding that another defendant also wielded a firearm and with the teaching of U.S. v. Kimmons, 965 F. 2d 1001 (11th Cir.1992), cert. denied, 506 U.S. 1086, 113 S.Ct. 1065, 122 L.Ed.2d 370 (1993), cert. granted, vacated by, 508 U.S. 902, 113 S.Ct. 2326, 124 L.Ed.2d 239 (1993). However, in light of the November 1, 2000 Amendment No. 599 to the Sentencing Guidelines, Orestes Hernandez, Camacho, Echevarria, and Munoz claim their sentences on these counts should be remanded. The Cour…
• United States v. Garrison, 133 F.3d 831 (11th Cir. 1998)
  …ates v. Wright, 968 F. 2d 1167, 1173 (11th Cir.1992) (per curiam) ("[T]he PSI did not recommend an upward departure; nor did the Government present the court with a prehearing submission recommending an upward departure.”), vacated on other grounds, 508 U.S. 902, 113 S.Ct. 2325, 124 L.Ed.2d 238 (1993). In contrast. Garrison was notified in the revised PSR, which she received six days prior to her sentencing, of the potential upward departure in her fine because of her substantial profits resulting from her…
• United States v. Cover, 199 F.3d 1270 (11th Cir. 2000)
  …of the loss, given the available information.” U.S.S.G. § 2B1.1, comment, (n.3) (1998). Amount of loss must be proven by a preponderance of the evidence. See United States v. Kimmons, 965 F. 2d 1001, 1011 (11th Cir.1992), vacated on other grounds, 508 U.S. 902, 113 S.Ct. 2326, 124 L.Ed.2d 239 (1993), reinstated, 1 F. 3d 1144 (11th Cir.1993). In Kimmons, we upheld a district court’s finding that the amount of loss from an attempted robbery of an armored car amounted to approximately $500,000 based on “[t…