Legal Opinion
United States v. Bermudez
District Court, C.D. California
Decided January 5, 1990No. CR 87-417 AWTPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
TASHIMA, District Judge.
This is a motion under former F.R. Crim.P. 35(a) (“Rule 35(a)”) to correct an illegal sentence. Rule 35(a) provides:
The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence. 1
The issue presented is whether or not United States v. Chatman, 869 F.2d 525 (9th Cir.1989), interpreting the sentence enhancement provisions of the Armed Career Criminal Act (“ACCA”), should be applied retroactively. The Court concludes that Chatman…
2Cases cited18 opinions
- Teague v. LaneSupreme Court of the United States · 1989
- Davis v. United StatesSupreme Court of the United States · 1974
- McNally v. United StatesSupreme Court of the United States · 1987
- Simpson v. United StatesSupreme Court of the United States · 1978
- Callanan v. United StatesSupreme Court of the United States · 1961
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. Anthony J. Pivorotto, John Robert Woods. John Robert WoodsCourt of Appeals for the Third Circuit · 1993
- United States v. TaymanDistrict Court, E.D. Virginia · 1995
- United States v. BermudezDistrict Court, C.D. California · 1990
- United States v. SavelyDistrict Court, D. Kansas · 1993
- United States v. SavelyDistrict Court, D. Kansas · 1993