(DOWNLOAD) "Mid-South Holding Co., Inc. v. United States" by Eleventh Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free

eBook details

Title: Mid-South Holding Co., Inc. v. United States
Author : Eleventh Circuit U.S. Court of Appeals
Release Date : January 01, 2000
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

Description

Darrell Simpson appeals his 352-month sentence resulting from his conviction on charges of conspiracy to possess with intent to distribute cocaine base, two counts of distribution of cocaine base, and two counts of carrying a firearm during a drug-trafficking crime. The Government cross-appeals arguing that the district court abused its discretion in giving Simpson a 240-month downward departure from the mandatory minimum sentencing regime embodied in 21 U.S.C. Â§Â§ 841, 851 and 18 U.S.C. Â§ 924(c)(1) on the grounds that the mandatory minimum overrepresented the gravity of Simpsons offenses. Because we find that the district court plainly erred in determining the drug quantity attributable to Simpson and abused its discretion in departing downward from the mandated sentence, we vacate the district courts sentence and remand for re- sentencing.