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Legal Opinion

United States v. James Roger Gobert

Court of Appeals for the Fifth Circuit

Decided April 16, 1998No. 97-30131PublishedCited by 15 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

I. Introduction

James Roger Gobert pleaded guilty to a one-count Bill of Information charging him with using and carrying a firearm during and in relation to a drug-trafficking offense, in violation of 18 U.S.C. § 924(c)(1). 1 The district court imposed a 36-month term of imprisonment, to be followed by a three-year period of supervised release. Subsequent to Gobert’s conviction, the Supreme Court decided Bailey v. United States. 2 In Bailey, the Court held that the Government, to sustain a conviction under the “use” prong of 18 U.S.C. § 924(e)(1), must prove that the…

2Cases cited27 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. Pinkerton v. United StatesSupreme Court of the United States · 1946
  3. United States v. AddonizioSupreme Court of the United States · 1979
  4. United States v. MenascheSupreme Court of the United States · 1955
  5. In Re Ocsulis DorsainvilCourt of Appeals for the Third Circuit · 1997

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3Cited by15 opinions

  1. In Re James Davenport and Sherman NicholsCourt of Appeals for the Seventh Circuit · 1998
  2. United States v. BroussardCourt of Appeals for the Fifth Circuit · 2012
  3. Allen v. Rapides Parish School BoardCourt of Appeals for the Fifth Circuit · 2000
  4. George Alvarez v. City of BrownsvilleCourt of Appeals for the Fifth Circuit · 2018
  5. Chriceol v. PhillipsCourt of Appeals for the Fifth Circuit · 1999

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