Legal Opinion
United States v. Eirby
Court of Appeals for the First Circuit
Decided February 7, 2008No. 07-1062PublishedCited by 43 opinions
1Opinion of the Court
SELYA, Senior Circuit Judge.
Defendant-appellant Kenneth J. Eirby appeals from an order revoking his supervised release term and imposing an additional thirty-three months of immurement. He contends that the district court erred in (i) failing to recognize that the Sixth Amendment, as interpreted in a line of recent Supreme Court decisions, applies to revocation proceedings and the consequent imposition of additional prison time; (ii) miseharacterizing his underlying offense of conviction; and (iii) misclassifying the conduct that comprised his supervised release violation. Concluding, as a…
2Cases cited33 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
28 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- United States v. IreyCourt of Appeals for the Eleventh Circuit · 2010
- Rodriguez v. Municipality of San JuanCourt of Appeals for the First Circuit · 2011
- United States v. MarinoCourt of Appeals for the First Circuit · 2016
- Sindi v. El-MoslimanyCourt of Appeals for the First Circuit · 2018
- Martinez-Rivera v. Commonwealth of Puerto RicoCourt of Appeals for the First Circuit · 2016
38 more not listed; retrieve them via the Exa API.