1. Home
  2. Browse Decisions
  3. F.2d
  4. 970 F.2d
  5. 970 F.2d 1490 (1992)
 

U.S. v. DAVERN

No. 90-3681.

970 F.2d 1490 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. John P. DAVERN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 21, 1992.

Attorney(s) appearing for the Case

Marilyn A. Bobula, Asst. U.S. Atty. (argued and briefed), Office of U.S. Atty., Cleveland, Ohio, Sean Connelly (argued and briefed), U.S. Dept. of Justice, Civ. Div. Washington, D.C., for plaintiff-appellee.

E. Joshua Rosenkranz (argued and briefed), Howard A. Pincus, Office of Appellate Defender, New York City, for defendant-appellant John P. Davern.

Henry A. Martin, Fed. Public Defender (argued), Federal Public Defender's Office, Nashville, Tenn., Gerald T. McFadden (briefed), San Diego, Cal., for amici curiae Federal Public and Community Defenders and Nat. Ass'n of Crim. Defense Lawyers (NACDL).

Before: MERRITT, Chief Judge, KEITH, KENNEDY, MARTIN, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges.

KENNEDY, Circuit Judge.

This case requires us to decide the Sentencing Guidelines to be applied where the defendant negotiated and paid for a half kilogram of cocaine but actually received only 85 grams. We hold that the amount negotiated for should determine defendant's sentence, and we AFFIRM the District Court.

I.

In November 1989, defendant agreed to purchase 500 grams of cocaine for $10,500 from an undercover FBI drug enforcement agent. The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases