1. Home
  2. Browse Decisions
  3. F.3d
  4. 650 F.3d
  5. 650 F.3d 343 (2011)
 

U.S. v. DIVENS

No. 09-4967.

650 F.3d 343 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Lashawn Dwayne DIVENS, a/k/a Lashawn Duwayne Divens, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 5, 2011.

Attorney(s) appearing for the Case

ARGUED: Jonathan D. Byrne , Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Monica Lynn Dillon , Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger , Federal Public Defender, Lex A. Coleman , Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Charles T. Miller , United States Attorney, Charleston, West Virginia, for Appellee.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge GREGORY and Judge SHEDD joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Lashawn Dwayne Divens pled guilty to possession with intent to distribute cocaine. Divens signed an acceptance of responsibility statement but declined to sign a plea agreement waiving certain rights to appellate review and collateral attack. Solely because Divens would not waive these rights, the Government refused to move for an additional one-level reduction for acceptance of responsibility under U.S.S.G. §...

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