Legal Opinion
Dan Nichols v. Jack McCormick Warden
Court of Appeals for the Ninth Circuit
Decided April 1, 1991No. 90-35416PublishedCited by 33 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
Nichols was convicted in state court of kidnapping and assault. The court sentenced him to ten years for kidnapping and six months for assault. It imposed an additional ten years, to run consecutively to the other sentences, for using a firearm while engaged in the commission of an offense, under the Montana weapons enhancement statute. 1
Having exhausted his state court remedies, Nichols petitioned for habeas relief, alleging that the enhancement of his sentence violated his constitutional rights under McMillan v. Pennsylvania, 477 U.S. 79, 106 S.Ct. 2411, 91…
2Cases cited14 opinions
- Harris v. ReedSupreme Court of the United States · 1989
- Patterson v. New YorkSupreme Court of the United States · 1977
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- Walton v. ArizonaSupreme Court of the United States · 1990
- Gary Lamere v. Henry Risley, WardenCourt of Appeals for the Ninth Circuit · 1987
9 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State v. ThorneWashington Supreme Court · 1996
- Romano v. GibsonCourt of Appeals for the Tenth Circuit · 2001
- United States of America, Plaintiff-Appellee-Cross-Appellant v. Joe Garza-Juarez and Esteban Garza-Juarez, Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Ninth Circuit · 1993
- People v. WimsCalifornia Supreme Court · 1995
- United States v. Ricardo GarzaCourt of Appeals for the Ninth Circuit · 1992
28 more not listed; retrieve them via the Exa API.