Legal Opinion

United States v. Metcalfe

Court of Appeals for the Sixth Circuit

Decided September 28, 2009No. 08-1812PublishedCited by 5 opinions

1Opinion of the Court

OPINION

ALICE M. BATCHELDER, Chief Judge.

Thomas Metcalfe appeals a post-judgment order denying his motion for a reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2). Because this appeal lacks merit and because § 8582(c)(2) is not a vehicle for convicts to raise unrelated sentencing challenges that they had previously overlooked or omitted, we affirm.

I

Police arrested Metcalfe and two others, and charged them with conspiracy to distribute cocaine. Metcalfe entered a guilty plea and the Presentence Report (PSR) prepared for his sentencing attributed to him the entire amount of confiscated…

2Cases cited9 opinions

  1. United States v. Francisco Javier Barajas-NunezCourt of Appeals for the Sixth Circuit · 1996
  2. United States v. MateoCourt of Appeals for the Third Circuit · 2009
  3. United States v. Guy Jerome UrseryCourt of Appeals for the Sixth Circuit · 1997
  4. United States v. SharkeyCourt of Appeals for the Tenth Circuit · 2008
  5. United States v. CaraballoCourt of Appeals for the First Circuit · 2008

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

3Cited by5 opinions

  1. United States v. John AllenCourt of Appeals for the Sixth Circuit · 2020
  2. United States v. Keith DeWittCourt of Appeals for the Sixth Circuit · 2010
  3. United States v. Adam WilsonCourt of Appeals for the Sixth Circuit · 2020
  4. United States v. Lawrence Tennille, IICourt of Appeals for the Sixth Circuit · 2010
  5. United States v. Tomarcus BaskervilleCourt of Appeals for the Sixth Circuit · 2026

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