Legal Opinion

United States v. Stephen Banks

Court of Appeals for the Fifth Circuit

Decided October 27, 2014No. 13-30839PublishedCited by 12 opinions

1Per curiam

Defendant-Appellant Stephen Banks appeals the denial of his motion to modify his sentence under 18 U.S.C. § 3582(c)(2). At issue is whether a defendant originally sentenced under the drug quantity table in U.S.S.G. § 2D1.1, but resentenced in a section 3582 proceeding using the career offender provisions in U.S.S.G. § 4B1.1, can bring another section 3582 motion to reduce his sentence based on an amendment to the Sentencing Guidelines that further lowers the guidelines range for crack cocaine in the § 2D1.1 drug quantity table. For the reasons that follow, we hold that he cannot, and…

2Cases cited10 opinions

  1. Dillon v. United StatesSupreme Court of the United States · 2010
  2. Freeman v. United StatesSupreme Court of the United States · 2011
  3. The United States of America v. Robert Eldridge Marshall and Evelyn KingCourt of Appeals for the Fifth Circuit · 1990
  4. United States v. BrownCourt of Appeals for the Fourth Circuit · 2011
  5. United States v. AustinCourt of Appeals for the Ninth Circuit · 2012

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

3Cited by12 opinions

  1. United States v. QuintanillaCourt of Appeals for the Fifth Circuit · 2017
  2. United States v. Rogelio BenitezCourt of Appeals for the Fifth Circuit · 2016
  3. United States v. Jamie StewartCourt of Appeals for the Fifth Circuit · 2020
  4. United States v. DerryCourt of Appeals for the Second Circuit · 2016
  5. United States v. Tyrone DavisCourt of Appeals for the Ninth Circuit · 2016

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

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