Legal Opinion

United States v. Horn

Court of Appeals for the Sixth Circuit

Decided May 8, 2012No. 11-5470PublishedCited by 17 opinions

1Opinion of the Court

OPINION

ROGERS, Circuit Judge.

Once again in this matter, the district court has declined to follow a non-retroactivity determination of the United States Sentencing Commission. In 2001, Defendant Gregory Horn was sentenced as a career offender under U.S.S.G. § 4B1.1 following his guilty plea to bank robbery. Six years later, in 2007, the Sentencing Commission promulgated Amendment 709, which changed the method by which a district court calculated prior offenses. After public comment, the Commission declined to give Amendment 709 retroactive application. Had Amendment 709 been in effect when…

2Cases cited13 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Mistretta v. United StatesSupreme Court of the United States · 1989
  4. Dillon v. United StatesSupreme Court of the United States · 2010
  5. Humphrey's v. United StatesSupreme Court of the United States · 1935

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. United States v. Christina Elizabeth ColonCourt of Appeals for the Eleventh Circuit · 2013
  2. United States v. Denroy GayleCourt of Appeals for the Third Circuit · 2012
  3. United States v. Willie JohnsonCourt of Appeals for the Eighth Circuit · 2013
  4. United States v. JohnsonCourt of Appeals for the Second Circuit · 2013
  5. United States v. Leo AndersonCourt of Appeals for the Eighth Circuit · 2012

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