ROHLSEN

v.

UNITED STATES

Citator

Cited By

• United States v. Gordon, 231 F.3d 750 (11th Cir. 2000)
  …De Varon, 175 F. 3d 930, 937 & n. 3 (11th Cir.) (en banc) (“This Court has long and repeatedly held that a district court’s determination of a defendant’s role in the offense is a finding of fact to be reviewed only for clear error.”), cert. denied, 528 U.S. 976, 120 S.Ct. 424, 145 L.Ed.2d 331 (1999). A court’s upward departure from the Guidelines is reviewed only for abuse of discretion. See United States v. Taylor, 88 F. 3d 938, 945 (11th Cir.1996). III. Gordon’s first ground for appeal concerns the di…
• United States v. Gibson, 434 F.3d 1234 (11th Cir. 2006)
  …7 (quoting Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 1263, 161 L.Ed.2d 205 (2005)). . See also United States v. Gay, 251 F. 3d 950, 952 (11th Cir.2001) (citing United States v. Rucker, 171 F. 3d 1359, 1363 (11th Cir.1999), cert. denied, 528 U.S. 976, 120 S.Ct. 426, 145 L.Ed.2d 333 (1999)) ("If no ambiguities exist, the [Sentencing Guidelines] prohibit the district court from reviewing the underlying facts of a conviction to determine whether it is a crime of violence for career offender purpose…
• United States v. Denny GAY, 251 F.3d 950 (11th Cir. 2001)
  …xist, the guidelines prohibit the district court from reviewing the underlying facts of a conviction to determine whether it is a crime of violence for career offender purposes. United States v. Rucker, 171 F. 3d 1359, 1362 (11th Cir.), cert denied, 528 U.S. 976, 120 S.Ct. 426, 145 L.Ed.2d 333 (1999). Gay was convicted of felony escape, in violation of O.C.G.A. § 16-10-52, which provides that a person commits the offense of escape when he or she is confined for a variety of reasons and "intentionally esca…