[Download] "United States v. Meza-Urtado" by In the United States Court of Appeals for the Seventh Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Meza-Urtado
- Author : In the United States Court of Appeals for the Seventh Circuit
- Release Date : January 08, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
After Secondino Meza-Urtado filed an appeal from his conviction on drug charges, the government answered and filed a cross-appeal challenging a downward departure Meza received at sentencing. The government also tacked on an appeal of a similar downward departure granted to one of Mezas co-defendants, Juan Farias-Meraz. Mezas appeal turned out to be especially bad news for Farias, as the government attorney told us at oral argument that an appeal of the downward departures may not have been undertaken had no direct appeal in the first instance been filed. This situation prompts us to recall the wisdom of our earlier advice that "defendants, who benefit from favorable calls under the federal sentencing guidelines, should think more than twice about appealing their cases when their appeals have little likelihood of success... because a defendants appeal may draw a guidelines cross-appeal when the government would [probably] not... appeal on its own in the first instance." United States v. Bradley, 165 F.3d 594, 595 (7th Cir. 1999). See also United States v. Martinson, 37 F.3d 353 (7th Cir. 1994) (affirming conviction but finding clear error in reduction of offense level for acceptance of responsibility).
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