Legal Opinion
Berger v. United States
District Court, S.D. West Virginia
Decided November 9, 1994No. Cr. A. No. 2:93-00102, Civ. A. No. 2:93-1192PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM ORDER
COPENHAVER, District Judge.
By motion brought pursuant to Title 28, United States Code, section 2255, movant David Berger seeks to vacate, set aside or correct the sentence imposed on September 15, 1993, following his plea of guilty to a charge of conspiracy to distribute heroin. Berger challenges the calculation of his criminal history points under the sentencing guidelines. He alleges that it was inappropriate to charge him with two points for a 1988 conviction under Title 18, United States Code, section 922(g)(1), as being a “felon in possession of a firearm.” It is his…
2Cases cited20 opinions
- United States v. James Hassan ElCourt of Appeals for the Fourth Circuit · 1993
- United States v. Calvin CassidyCourt of Appeals for the Sixth Circuit · 1990
- United States v. James A. EssigCourt of Appeals for the Third Circuit · 1994
- United States v. Thomas John MaybeckCourt of Appeals for the Fourth Circuit · 1994
- United States v. Richard R. GlaserCourt of Appeals for the Seventh Circuit · 1994
15 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. CaronDistrict Court, D. Massachusetts · 1996
- United States v. Philip S. MorrellCourt of Appeals for the Fourth Circuit · 1995
- Brewster v. PerezCourt of Appeals for the Sixth Circuit · 2002
- State of West Virginia v. Lloyd Kendrick StewartWest Virginia Supreme Court · 2013