Legal Opinion
United States v. Mustin
Court of Appeals for the Ninth Circuit
Decided January 2, 2002No. 01-50137; D.C. No. CR-96-00753-R-01PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM **
Travon Mustin appeals both the district court’s partial dismissal of his 28 U.S.C. § 2255 motion and the resentencing conducted after the district court’s partial granting of his motion. We have jurisdiction pursuant to 28 U.S.C. § 2253, and affirm.
Mustin contends his resentencing violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) because the firearm sentence enhancement *922under USSG § 2B3.1(b)(2) was not proven beyond a reasonable doubt. Although Mustin has not received a certificate of appealability (“GOA”) for this issue, we construe Mustin’s…
2Cases cited4 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Wayne Porter,petitioner-Appellant v. Mike Adams, Warden,respondent-AppelleeCourt of Appeals for the Ninth Circuit · 2001
- United States v. John EggeCourt of Appeals for the Ninth Circuit · 2000
- United States v. Robert Panaro, United States of America v. Stephen Cino, the Cino's Petition for Rehearing is GrantedCourt of Appeals for the Ninth Circuit · 2001
3Cited by1 opinion
- Mustin v. United StatesSupreme Court of the United States · 2002