Legal Opinion

United States v. Charles William McHan

Court of Appeals for the Fourth Circuit

Decided October 22, 2004No. 03-7781PublishedCited by 24 opinions

1Opinion of the Court

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Judge NIEMEYER concurred.

OPINION

LUTTIG, Circuit Judge:

Appellant Charles William McHan appeals from the district court’s denial of his motion, filed pursuant to title 18, section 3582(c)(2) of the United States Code, seeking resentencing under Amendment 645 of the United States Sentencing Guidelines. Because we hold that resentencing under Amendment 645 is not available on a section 3582(c)(2) motion, we affirm. We further hold that McHan’s resentencing claim cannot form the basis of a successive habe-as…

2Cases cited4 opinions

  1. United States v. Charles William McHan United States of America v. Charles William McHanCourt of Appeals for the Fourth Circuit · 1996
  2. United States v. CapersCourt of Appeals for the Fourth Circuit · 1995
  3. United States v. Huckley Armstrong, A.K.A. ShortyCourt of Appeals for the Eleventh Circuit · 2003
  4. Scott v. United StatesCourt of Appeals for the Fourth Circuit · 2003

3Cited by24 opinions

  1. United States v. DunphyCourt of Appeals for the Fourth Circuit · 2009
  2. United States v. AbdelshafiCourt of Appeals for the Fourth Circuit · 2010
  3. United States v. Kurt SteffenCourt of Appeals for the Fourth Circuit · 2013
  4. United States v. Deshawn DozierCourt of Appeals for the Fourth Circuit · 2017
  5. United States v. Brandon BashamCourt of Appeals for the Fourth Circuit · 2015

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API