[Download] "United States V. Holmes" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: United States V. Holmes
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 16, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

ALAN E. NORRIS, Circuit Judge. Defendant, Lee David Holmes, was charged with three counts of transporting a firearm in interstate commerce with intent to commit a felony, in violation of 18 U.S.C. § 924(b). At the Conclusion of his trial, on January 24, 1990, the jury found him guilty on two of the counts and not guilty on the third count. Pursuant to a downward departure from the term calculated under the Sentencing Guidelines, he was sentenced to thirty-six months' imprisonment on each count, to run concurrently. On appeal, defendant contends that the district court misapplied the Sentencing Guidelines by using a guideline in effect at the time of sentencing rather than the one in effect at the time of the offense; that his inculpatory statements should not have been admitted at trial because they were improperly kept from the defense during discovery; and that the indictment should have been dismissed for vagueness because it did not specify the felony he intended to commit. The government cross-appeals, contending that the district Judge misapplied the Sentencing Guidelines by looking only to kidnapping and not murder as the crime defendant intended to commit, and that the district Judge failed to provide an adequate basis for imposing the downward departure.

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