Legal Opinion

United States v. Graham

Court of Appeals for the Sixth Circuit

Decided September 21, 2010No. 08-5993PublishedCited by 95 opinions

1Opinion of the CourtMoore, J., joined by Gibbons, J.,

MERRITT, J. (pp. 465-70), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Donald Graham, convicted of three counts of a seven-count indictment for crack-cocaine offenses under 21 U.S.C. §§ 841(a)(1) and 846 and 18 U.S.C. § 2, appeals from the district court’s denial of his Federal Rule of Criminal Procedure 29 motion for a judgment of acquittal, denial of his motion to disregard life sentence, and sentencing decision. Graham’s main contention on appeal is that his life sentence, imposed for his third qualifying felony under 21 U.S.C. § 841(b)(1)(A), violates…

2Cases cited85 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Harmelin v. MichiganSupreme Court of the United States · 1991
  4. Atkins v. VirginiaSupreme Court of the United States · 2002
  5. Roper v. SimmonsSupreme Court of the United States · 2005

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3Cited by95 opinions

  1. United States v. Lynn Michael LaVictorCourt of Appeals for the Sixth Circuit · 2017
  2. United States v. HendersonCourt of Appeals for the Sixth Circuit · 2010
  3. United States v. Malek al-MalikiCourt of Appeals for the Sixth Circuit · 2015
  4. United States v. Rodney Mack, Jr.Court of Appeals for the Sixth Circuit · 2013
  5. Cheddersingh v. StateSupreme Court of Georgia · 2012

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