Legal Opinion
United States v. Barry Davis, A/K/A "Mark Johnson"
Court of Appeals for the Third Circuit
Decided April 23, 1997No. 96-1721PublishedCited by 75 opinions
1Opinion of the Court
OPINION OF THE COURT
RESTANI, Judge.
Barry Davis appeals the district court’s finding of jurisdiction to resentence on a count related to the 18 U.S.C. § 924(c) conviction successfully challenged in Davis’ 28 U.S.C. § 2255 motion. In resentencing Davis, the district court vacated the 60 month sentence imposed for the § 924(c) conviction and, as required under the United States Sentencing Guidelines (“U.S.S.G.”) § 2Dl.l(b)(l), imposed a two level enhancement for possession of a firearm during a drug crime. The district court also held that the resentencing did not violate Davis’ due process…
2Cases cited21 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- Andrews v. United StatesSupreme Court of the United States · 1963
- Zettlemoyer v. FulcomerCourt of Appeals for the Third Circuit · 1991
- United States v. Juan Pimienta-Redondo, United States of America v. Alfredo PupoCourt of Appeals for the First Circuit · 1989
- United States v. Charles ShueCourt of Appeals for the Seventh Circuit · 1987
16 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- United States v. John DoeCourt of Appeals for the Third Circuit · 2015
- United States v. Howard HandaCourt of Appeals for the Ninth Circuit · 1997
- Gerald M. Pasquarille v. United StatesCourt of Appeals for the Sixth Circuit · 1997
- Evans v. Secretary Pennsylvania Department of CorrectionsCourt of Appeals for the Third Circuit · 2011
- United States v. Mark Ciavarella, Jr.Court of Appeals for the Third Circuit · 2013
70 more not listed; retrieve them via the Exa API.