Legal Opinion
United States v. Pruitt
Court of Appeals for the Sixth Circuit
Decided October 21, 2008No. 06-6002PublishedCited by 18 opinions
1Opinion of the CourtRogers, J., joined by Moore, J.,
MERRITT, J. (pp. 426-31), delivered a separate dissenting opinion.
OPINION
ROGERS, Circuit Judge.
In determining whether to apply the career offender provision of the United States Sentencing Guidelines, must the federal court take into account the defendant’s state criminal history (or lack thereof) at the time of his predicate North Carolina convictions? The answer is yes, given the particular characteristics of North Carolina sentencing law, in light of recent United States Supreme Court precedent.
After pleading guilty to one count of being a felon in possession of a firearm, in violation of…
2Cases cited12 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Blakely v. WashingtonSupreme Court of the United States · 2004
- United States v. Johnny Craig HarpCourt of Appeals for the Fourth Circuit · 2005
- United States v. RodriquezSupreme Court of the United States · 2008
- State v. AllenSupreme Court of North Carolina · 2005
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. SimmonsCourt of Appeals for the Fourth Circuit · 2011
- Deangelo Whiteside v. United StatesCourt of Appeals for the Fourth Circuit · 2014
- United States v. BrooksCourt of Appeals for the Tenth Circuit · 2014
- United States v. HaltiwangerCourt of Appeals for the Eighth Circuit · 2011
- United States v. Harold FordCourt of Appeals for the Fourth Circuit · 2013
13 more not listed; retrieve them via the Exa API.