Legal Opinion

United States v. Davis

Court of Appeals for the Eighth Circuit

Decided August 14, 2008No. 07-3650PublishedCited by 17 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

Antwain Davis appeals from the sentence that the district court imposed on him after he pleaded guilty to possessing five grams or more of cocaine base (crack) with intent to distribute it, see 21 U.S.C. § 841(a)(1), (b)(l)(B)(iii). We vacate the sentence and remand for resentencing.

At sentencing, the court determined that Mr. Davis’s guideline sentencing range was 57 to 71 months and, after considering the “factors” in 18 U.S.C. § 3553(a), sentenced him to 48 months in prison. On appeal, Mr. Davis contends that the district court erroneously believed that it was…

2Cases cited15 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Gall v. United StatesSupreme Court of the United States · 2007
  4. Johnson v. United StatesSupreme Court of the United States · 1997
  5. Kimbrough v. United StatesSupreme Court of the United States · 2007

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

3Cited by17 opinions

  1. United States v. AlemanCourt of Appeals for the Eighth Circuit · 2008
  2. United States v. PearsonCourt of Appeals for the Eighth Circuit · 2009
  3. United States v. MeeksCourt of Appeals for the Eighth Circuit · 2011
  4. United States v. GarciaCourt of Appeals for the Eighth Circuit · 2009
  5. United States v. MartinCourt of Appeals for the Eighth Circuit · 2009

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

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