Legal Opinion
United States v. Gapinski
Court of Appeals for the Sixth Circuit
Decided April 2, 2009No. 08-1193PublishedCited by 71 opinions
1Opinion of the CourtMoore, J., joined by Daughtrey, J.,
BATCHELDER, J. (p. 478), delivered a separate concurring opinion.
OPINION
KAREN NELSON MOORE, Circuit Judge.
Defendant-Appellant James Edward Gapinski (“Gapinski”) pleaded guilty to one count of conspiracy to manufacture more than 100 marijuana plants, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 84 l(b)(l)(B)(vii). He now appeals the 120-month sentence imposed by the district court upon resentencing after we vacated his original 156-month sentence and remanded for resentencing in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Gapinski argues that the…
2Cases cited17 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Rita v. United StatesSupreme Court of the United States · 2007
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3Cited by71 opinions
- United States v. CarterCourt of Appeals for the Fourth Circuit · 2009
- United States v. WallaceCourt of Appeals for the Sixth Circuit · 2010
- United States v. Frank RichardsonCourt of Appeals for the Sixth Circuit · 2020
- United States v. JohnsonCourt of Appeals for the Sixth Circuit · 2011
- United States v. WilliamsCourt of Appeals for the Sixth Circuit · 2010
66 more not listed; retrieve them via the Exa API.