Legal Opinion

United States v. Gibney

Court of Appeals for the Sixth Circuit

Decided March 7, 2008No. 06-5909, 06-6442PublishedCited by 21 opinions

1Opinion of the Court

OPINION

GRIFFIN, Circuit Judge.

Defendant Howard Kirk Gibney appeals his sentence wherein the district court imposed a term of imprisonment of 84 months and a restitution order in the amount of $1,103,358.10. Defendant argues that the district court erred as a matter of law in finding that Firefighter Carlos Cruz suffered bodily injury sufficient to warrant the imposition of the 84-month mandatory minimum sentence pursuant to 18 U.S.C. § 844(i). Gibney further appeals the factual basis and timeliness of the district court’s restitution order. For the reasons stated herein, we affirm defendant’s…

2Cases cited14 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. McCarthy v. United StatesSupreme Court of the United States · 1969
  3. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  4. United States v. BroceSupreme Court of the United States · 1989
  5. Arlington Central School District Board of Education v. MurphySupreme Court of the United States · 2006

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3Cited by21 opinions

  1. United States v. JohnsonCourt of Appeals for the Eleventh Circuit · 2008
  2. Jones v. CommonwealthSupreme Court of Virginia · 2017
  3. United States v. Jennifer RiccardiCourt of Appeals for the Sixth Circuit · 2021
  4. Jones v. CommonwealthKentucky Supreme Court · 2011
  5. United States v. HebshieCourt of Appeals for the First Circuit · 2008

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

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