Legal Opinion
UNITED STATES of America, Plaintiff-Appellant, v. Thomas Lavell McCLAIN, Defendant-Appellee
Court of Appeals for the Ninth Circuit
Decided February 26, 1998No. 97-15128PublishedCited by 35 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
The United States appeals the district court’s refusal to resentence defendant, Thomas McClain, after his conviction and sentence for violation of 18 U.S.C. § 924(c), use of a weapon in connection with a drug trafficking offense, were vacated. The district court held that it would be a violation of double jeopardy to resentence the defendant because he had already completed his sentence related to the drug trafficking offense. We have jurisdiction, 28 U.S.C. §§ 2253 and 2255, and hold that there would be no violation of double jeopardy and reverse and remand for…
2Cases cited13 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- United States v. DiFrancescoSupreme Court of the United States · 1980
- Javier Hincapie Sanchez v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- United States v. Mister T. HillaryCourt of Appeals for the Fourth Circuit · 1997
- United States v. Richard Alexander SmithCourt of Appeals for the Seventh Circuit · 1997
8 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- United States v. Rodney Robert Kimbrew, A.K.A. Carlton CochranCourt of Appeals for the Ninth Circuit · 2005
- United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2004
- United States v. Vincent Franklin BennettCourt of Appeals for the Ninth Circuit · 2004
- United States v. Manuel Ruiz-AlvarezCourt of Appeals for the Ninth Circuit · 2000
- United States v. Townsend, DerrickCourt of Appeals for the D.C. Circuit · 1999
30 more not listed; retrieve them via the Exa API.