Legal Opinion
United States v. McPhail
Court of Appeals for the Fifth Circuit
Decided May 12, 1997No. 95-60468PublishedCited by 30 opinions
1Opinion of the Court
REAVLEY, Circuit Judge:
Donnie McPhail appeals the district court’s denial of his habeas petition filed pursuant to 28 U.S.C. § 2255. We find that in light of the Supreme Court’s recent ruling in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), there was insufficient evidence to support McPhail’s conviction for using or carrying a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). Accordingly, we vacate McPhail’s § 924(c)(1) conviction and dismiss that charge.
Donnie McPhail and his two sisters, Sarah and Lou Carolyn, were convicted…
2Cases cited11 opinions
- Paul W. Douglass v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1996
- Teague v. LaneSupreme Court of the United States · 1989
- Bailey v. United StatesSupreme Court of the United States · 1995
- Davis v. United StatesSupreme Court of the United States · 1974
- United States v. CalverleyCourt of Appeals for the Fifth Circuit · 1994
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
- Ben Gary Triestman v. United StatesCourt of Appeals for the Second Circuit · 1997
- United States v. BrownCourt of Appeals for the Fifth Circuit · 2002
- Garland v. RoyCourt of Appeals for the Fifth Circuit · 2010
- United States v. LopezCourt of Appeals for the Fifth Circuit · 2001
25 more not listed; retrieve them via the Exa API.