Legal Opinion

United States v. William J. Davis

Court of Appeals for the Sixth Circuit

Decided January 21, 2005No. 03-4114PublishedCited by 115 opinions

1Opinion of the CourtClay, J., joined by Keith, J.,

COOK, J. (p. 352), delivered a separate concurring opinion.

OPINION

CLAY, Circuit Judge.

Defendant William J. Davis appeals his conviction and sentence for bank fraud in violation of 18 U.S.C. § 1344, entered by the United States District Court for the Southern District of Ohio on August 29, 2003. For the reasons set forth below, we AFFIRM Defendant’s conviction; however, in light of the Supreme Court’s recent opinion in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed2d 621 (2005), we VACATE Defendant’s sentence and REMAND the case for resentencing in a manner consistent with this…

2Cases cited37 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Johnson v. United StatesSupreme Court of the United States · 1997
  5. United States v. CottonSupreme Court of the United States · 2002

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3Cited by115 opinions

  1. United States v. Bernard Chester WebbCourt of Appeals for the Sixth Circuit · 2005
  2. United States v. ConatserCourt of Appeals for the Sixth Circuit · 2008
  3. Doe v. BredesenCourt of Appeals for the Sixth Circuit · 2007
  4. United States v. John F. Gardiner (05-1247) Ronald Lupo (05-1248)Court of Appeals for the Sixth Circuit · 2006
  5. United States v. Scott Allen McDaniel (03-1940) and Gregory Warren Wade (03-2073)Court of Appeals for the Sixth Circuit · 2005

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