Legal Opinion

United States v. Gregory W. Rush, Noah M. Lohr, A/K/A Riberto

Court of Appeals for the Eleventh Circuit

Decided June 13, 1989No. 87-3804PublishedCited by 31 opinions

1Opinion of the Court

EDMONDSON, Circuit Judge:

Noah Lohr and Gregory Rush appeal their convictions for conspiracy to import five kilograms or more of cocaine into the United States in violation of 21 U.S.C. sec. 963. Appellants challenge the imposition of what the trial court viewed as mandatory minimum sentences required by 21 U.S. C. sec. 960. 1 The trial court sentenced Rush to twelve and Lohr to ten years incarceration. We vacate and remand for resen-tencing.

When appellants were convicted of conspiracy to import, and sentenced, 21 U.S.C. sec. 963 stated: “Any person who attempts or conspires to commit any…

2Cases cited8 opinions

  1. Neitzke v. WilliamsSupreme Court of the United States · 1989
  2. Murray Stein v. Reynolds Securities, Inc.Court of Appeals for the Eleventh Circuit · 1982
  3. Bifulco v. United StatesSupreme Court of the United States · 1980
  4. United States v. Rojas-ContrerasSupreme Court of the United States · 1985
  5. S&E Contractors, Inc. v. United StatesSupreme Court of the United States · 1972

3 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. United States v. VealCourt of Appeals for the Eleventh Circuit · 1998
  2. United States ex rel. Williams v. NEC Corp.Court of Appeals for the Eleventh Circuit · 1991
  3. United States v. SanchezCourt of Appeals for the Eleventh Circuit · 1998
  4. In Re James Cable Partners, L.P., Debtor. The City of Jamestown, Tennessee v. James Cable Partners, L.P.Court of Appeals for the Eleventh Circuit · 1994
  5. United States v. Michael GiltnerCourt of Appeals for the Eleventh Circuit · 1989

26 more not listed; retrieve them via the Exa API.

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