1. Home
  2. Browse Decisions
  3. F.3d
  4. 61 F.3d
  5. 61 F.3d 306 (1995)
 

U.S. v. UNDERWOOD

No. 94-10432.

61 F.3d 306 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry Durrelle UNDERWOOD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 2, 1995.

Attorney(s) appearing for the Case

F. Clinton Broden, Asst. Federal Public Defender, Ira Kirkendoll, Federal Public Defender, Dallas, TX, for appellant.

Linda C. Groves, Asst. U.S. Atty., Paul E. Coggins, U.S. Atty., Dallas, TX, for appellee.

Before WISDOM, DUHÉ and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This case presents the question whether U.S.S.G. § 5K1.1, p.s. is an ultra vires act of the United States Sentencing Commission. Pursuant to a plea agreement, Jerry Durrelle Underwood pleaded guilty to possession of counterfeit currency in violation of 18 U.S.C. § 474. That plea agreement provided that the government retained discretion whether to file a motion for downward departure pursuant to § 5K1.1. The government...

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