Legal Opinion

United States v. Anthony Wayne Fagan, United States of America v. Anthony Wayne Fagan

Court of Appeals for the Ninth Circuit

Decided June 25, 1993No. 88-5439, 89-50549 and 90-50172PublishedCited by 122 opinions

1Opinion of the Court

CANBY, Circuit Judge:

In these consolidated appeals, Anthony Wayne Fagan challenges his jury conviction and sentence for possession of cocaine base with intent to distribute and distribution of cocaine base within 1000 feet of a school, in violation of 21 U.S.C. §§ 841(a)(1) & 845a (now codified at 21 U.S.C. § 860). He also challenges the sentence imposed after he pleaded guilty in a separate case to possession of cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We vacate both sentences and remand.

I. FACTS & PROCEDURAL BACKGROUND

The procedural history of these…

2Cases cited29 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
  3. Mabry v. JohnsonSupreme Court of the United States · 1984
  4. Ben Lee Brown v. Walter E. CravenCourt of Appeals for the Ninth Circuit · 1970
  5. United States v. Larry KoppCourt of Appeals for the Third Circuit · 1992

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3Cited by122 opinions

  1. United States v. MontgomeryCourt of Appeals for the Ninth Circuit · 1998
  2. United States v. BracyCourt of Appeals for the Ninth Circuit · 1995
  3. United States v. George Benitez Javier Ramirez Jose Camilo LizarragaCourt of Appeals for the Ninth Circuit · 1994
  4. United States v. RudeCourt of Appeals for the Ninth Circuit · 1996
  5. United States v. John Charles KuchinskiCourt of Appeals for the Ninth Circuit · 2006

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

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