Legal Opinion

United States v. Brian A. Moreland, United States of America v. Brian A. Moreland

Court of Appeals for the Fourth Circuit

Decided February 22, 2006No. 05-4476, 05-4571PublishedCited by 330 opinions

1Opinion of the Court

OPINION

WILKINS, Chief Judge.

Brian A. Moreland appeals his convictions on two counts of possession with the intent to distribute cocaine base, see 21 U.S.C.A. § 841(a)(1) (West 1999). The Government cross-appeals Moreland’s sentence, 1 arguing that the district court acted unreasonably in imposing a sentence of ten years imprisonment — -a two-thirds reduction from the bottom of the advisory guideline range. We affirm Moreland’s convictions. However, we agree with the Government that the sentence imposed by the district court is unreasonable. We therefore vacate it and remand for resen-tencing.

I

2Cases cited41 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  3. United States v. BookerSupreme Court of the United States · 2004
  4. Katz v. United StatesSupreme Court of the United States · 1967
  5. Schneckloth v. BustamonteSupreme Court of the United States · 1973

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3Cited by330 opinions

  1. Rita v. United StatesSupreme Court of the United States · 2007
  2. United States v. Benigno Montes-Pineda, A/K/A No. Benigno Pineda Muntez, A/K/A Benigno Montez-Pineda, A/K/A Benigno Pineda-MontesCourt of Appeals for the Fourth Circuit · 2006
  3. United States v. Christopher Devon CrudupCourt of Appeals for the Fourth Circuit · 2006
  4. United States v. RigasCourt of Appeals for the Second Circuit · 2009
  5. United States v. Artez Lamont JohnsonCourt of Appeals for the Fourth Circuit · 2006

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

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