DEE ET AL.
v.
UNITED STATES

U.S. | 1991-03-18
No. 90-877
499 U.S. 919 Supreme Court of the United States (1991) Positive Treatment
Cited by 4 cases

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  • State v. Delgrasso, 653 So. 2d 459 (Fla. 2d DCA 1995)
    …ficial, including any individual, firm or association. Accord United States v. Dean, 969 F. 2d 187, 192 (6th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1852, 123 L.Ed.2d 475 (1993); United States v. Dee, 912 F. 2d 741 (4th Cir.1990), cert. denied, 499 U.S. 919, 111 S.Ct. 1307, 113 L.Ed.2d 242 (1991). Unlike, subsection (1), which by its term is applicable to biohazar-dous or hazardous waste generators, transporters, or facility owners or operators only, any person can violate subsection (3) by improperly…
  • United States v. Calderon, 127 F.3d 1314 (11th Cir. 1997)
    …tes to that section state that “[i]t is intended that the downward adjustment for a minimal participant will be used infrequently.” Id. at Application Note 2; See also United States v. Taxacher, 902 F. 2d 867, 873 n. 7 (11th Cir.1990), cert. denied, 499 U.S. 919, 111 S.Ct. 1307, 113 L.Ed.2d 242 (1991). The commission contemplated that this reduction will be applied only to a participant who is “substantially less culpable” than the other participants. We have already recounted the evidence of Gamboa’s con…
  • United States v. Camargo-Vergara, 57 F.3d 993 (11th Cir. 1995)
    …the offense, pursuant to U.S.S.G. § 3B1.2. A district court’s determination of a defendant’s role in an offense is a finding of fact subject to review only for clear error. United States v. Taxacher, 902 F. 2d 867, 873 (11th Cir.1990), cert. denied 499 U.S. 919, 111 S.Ct. 1307, 113 L.Ed.2d 242 (1991); United States v. Forbes, 888 F. 2d 752, 754 (11th Cir.1989). Moreover, the appellant bears the burden of proving the applicability of a particular Sentencing Guidelines section which would reduce the offense…

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