Legal Opinion

United States v. Johnny Gunter

Court of Appeals for the Third Circuit

Decided September 11, 2006No. 05-2952PublishedCited by 344 opinions

1Opinion of the Court

AMBRO, Circuit Judge.

Johnny Gunter was convicted, inter alia, of possession with intent to distribute cocaine base (“crack”) and sentenced to a 295-month prison term. He argues on appeal that the District Court erred in ruling that it could not, as a matter of law, impose a sentence below that of the applicable federal Sentencing Guidelines range for offenses involving crack cocaine. For the reasons provided below, we vacate Gunter’s sentence, and remand this case to the District Court for resentencing.

I. Factual and Procedural Background

On February 3, 2004, detectives found Gunter in a motel…

2Cases cited17 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. United States v. Lydia CooperCourt of Appeals for the Third Circuit · 2006
  4. United States v. Gonzalez-HuertaCourt of Appeals for the Tenth Circuit · 2005
  5. United States v. Vampire Nation A/K/A Fredrik Von Hamilton A/K/A Frederick Hamilton Banks, Frederick H. BanksCourt of Appeals for the Third Circuit · 2006

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

3Cited by344 opinions

  1. United States v. WiseCourt of Appeals for the Third Circuit · 2008
  2. United States v. ShedrickCourt of Appeals for the Third Circuit · 2007
  3. United States v. Percy TravillionCourt of Appeals for the Third Circuit · 2014
  4. United States v. LevinsonCourt of Appeals for the Third Circuit · 2008
  5. United States v. Jose Flores-MejiaCourt of Appeals for the Third Circuit · 2014

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

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