Legal Opinion

United States v. Joseph

Court of Appeals for the First Circuit

Decided March 20, 1997No. 96-1507PublishedCited by 16 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Senior Circuit Judge.

This is an appeal from the district court’s partial denial of defendant-appellant Edwin P. Joseph’s 28 U.S.C. § 2255 motion. The district court, applying the Supreme Court’s recent decision in Bailey v. United States, - U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), dismissed Joseph’s 1991 conviction under 18 U.S.C. § 924(e) (use of a firearm during and in relation to a drug trafficking crime), and vacated his sixty month sentence for that offense, of which Joseph had already served over half. Noting that Joseph had long since completed serving the…

2Cases cited11 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. United States v. Luis Montenegro-RojoCourt of Appeals for the Ninth Circuit · 1990
  3. United States v. BarnhardtCourt of Appeals for the Tenth Circuit · 1996
  4. UNITED STATES of America, Plaintiff-Appellee, v. Mario Alberto VALLEJO, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996
  5. Sanabria v. United StatesDistrict Court, D. Puerto Rico · 1996

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3Cited by16 opinions

  1. United States v. JohnsonSupreme Court of the United States · 2000
  2. Haugh v. BookerCourt of Appeals for the Tenth Circuit · 2000
  3. United States v. BrownCourt of Appeals for the First Circuit · 2000
  4. Garrie L. Stanback v. United StatesCourt of Appeals for the Seventh Circuit · 1997
  5. United States v. Colon-MaldonadoCourt of Appeals for the First Circuit · 2020

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

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