Legal Opinion
United States v. Brian Leslie Allen
Court of Appeals for the Tenth Circuit
Decided February 9, 1994No. 93-3264PublishedCited by 136 opinions
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
Brian L. Allen appeals the denial of a motion under 28 U.S.C. § 2255 for relief from his sentence for a federal drug trafficking conviction. He contends that his 120-month sentence, mandated by 21 U.S.C. § 841(b)(1)(B), was imposed in error, and that his sentence under the United States Sentencing Guidelines should have been within the range of 63 to 78 months. In essence, his argument is that the guidelines take precedence over an applicable mandatory sentence statute. The district court, dismissed his motion on the merits. We affirm.
BACKGROUND
A jury found…
2Cases cited16 opinions
- United States v. FradySupreme Court of the United States · 1982
- United States v. James A. EssigCourt of Appeals for the Third Circuit · 1994
- United States v. Lewis Aaron CookCourt of Appeals for the Tenth Circuit · 1993
- Will Washington v. Charles JamesCourt of Appeals for the Second Circuit · 1993
- Richard Hardiman v. Dan M. Reynolds, Warden and Attorney General of the State of OklahomaCourt of Appeals for the Tenth Circuit · 1992
11 more not listed; retrieve them via the Exa API.
3Cited by136 opinions
- United States v. George Don GallowayCourt of Appeals for the Tenth Circuit · 1995
- John W. Duvall v. Dan ReynoldsCourt of Appeals for the Tenth Circuit · 1998
- United States v. Orlando MoraCourt of Appeals for the Tenth Circuit · 2002
- United States v. LopezCourt of Appeals for the Tenth Circuit · 1996
- United States v. HeckardCourt of Appeals for the Tenth Circuit · 2001
131 more not listed; retrieve them via the Exa API.