Legal Opinion

United States v. Herman Eugene Garner, III

Court of Appeals for the Sixth Circuit

Decided July 23, 1991No. 90-3361PublishedCited by 99 opinions

1Opinion of the Court

BOYCE F. MARTIN, Jr., Circuit Judge.

Herman Eugene Garner III, appeals the sentence imposed following his guilty plea for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Specifically, Garner contests the district court’s two-level enhancement in his base offense for possession of a firearm. For the following reasons, we vacate Garner’s sentence and remand this *174matter to the district court for resentenc-ing consistent with this opinion.

On January 6, 1989, law enforcement officers from the Mahoning County Drug Task Force searched Garner’s home pursuant to a…

2Cases cited13 opinions

  1. Braxton v. United StatesSupreme Court of the United States · 1991
  2. United States v. Alicio M. Sanchez (89-2432) and Reinaldo Cubilla (89-2433)Court of Appeals for the Sixth Circuit · 1991
  3. McLaughlin v. United StatesSupreme Court of the United States · 1986
  4. United States v. Jeffrey Wayne DuncanCourt of Appeals for the Sixth Circuit · 1990
  5. United States v. Andrew StroudCourt of Appeals for the Second Circuit · 1990

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

3Cited by99 opinions

  1. United States v. Richard CarrollCourt of Appeals for the Sixth Circuit · 1994
  2. United States v. Kenneth Joseph HillCourt of Appeals for the Sixth Circuit · 1996
  3. United States v. Leonard Lloyd (92-2106) Shawn Huffman (92-2108) Darryl Little (92-2146) and Mario Taylor (92-2175)Court of Appeals for the Sixth Circuit · 1993
  4. United States v. Billy L. TalleyCourt of Appeals for the Sixth Circuit · 1999
  5. United States v. Sadie Latouf (95-4095), Joseph N. Sarich (95-4112), Mario Guerrieri (95-4115), Richard A. Harakal (95-4233)Court of Appeals for the Sixth Circuit · 1997

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

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