Legal Opinion
United States v. Juan R. Munoz, A/K/A John Doe 1
Court of Appeals for the Second Circuit
Decided April 22, 1998No. 96-2797PublishedCited by 40 opinions
1Opinion of the Court
LAY, Circuit Judge:
Juan Munoz filed a 28 U.S.C. § 2255 motion to vacate his conviction for using and carrying a firearm during a drug transaction, in violation of 18 U.S.C. § 924(c)(1). Munoz challenged his conviction on two grounds: (1) the charge given to the jury regarding “use” under 18 U.S.C. § 924(c)(1) was erroneous in light of Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995); and (2) the evidence adduced at trial was insufficient to support his conviction on the firearm count. The district court denied relief, finding- that the erroneous charge to the jury…
2Cases cited22 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- Davis v. United StatesSupreme Court of the United States · 1974
- Smith v. United StatesSupreme Court of the United States · 1993
- United States v. Guido Riascos-Suarez A/K/A Kennedy Diuza-RiascosCourt of Appeals for the Sixth Circuit · 1996
- John Billy-Eko v. United StatesCourt of Appeals for the Second Circuit · 1993
17 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- United States v. John WalshCourt of Appeals for the Second Circuit · 1999
- United States v. Terry FinleyCourt of Appeals for the Second Circuit · 2001
- Zhang v. United StatesCourt of Appeals for the Second Circuit · 2007
- William T. Coleman v. United StatesCourt of Appeals for the Second Circuit · 2003
- Antonio Rosario Jose Jeres Antonio Ramirez v. United StatesCourt of Appeals for the Second Circuit · 1998
35 more not listed; retrieve them via the Exa API.