Legal Opinion

United States v. Joseph Thomas Pearce

Court of Appeals for the Tenth Circuit

Decided May 18, 1998No. 97-2173PublishedCited by 34 opinions

1Opinion of the Court

LOGAN, Circuit Judge.

This is an appeal by the United States challenging the district court’s order setting aside convictions under 18 U.S.C. § 924(e) after Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), and refusing to resentence defendant Joseph Thomas Pearce on the underlying drug conviction. For the reasons set out in this opinion, we reject defendant’s contention that we have no jurisdiction to hear the government’s appeal, and we affirm the district court’s order in all respects.

I

In 1993 a jury convicted defendant of one count (I) of possession with intent…

2Cases cited13 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. United States v. CoxCourt of Appeals for the Tenth Circuit · 1996
  3. United States v. Bobby Gene RichardsonCourt of Appeals for the Tenth Circuit · 1996
  4. United States v. MendozaCourt of Appeals for the Tenth Circuit · 1997
  5. United States of America Ex Rel. Donald Tillery v. Angelo C. Cavell, Warden, Western State Penitentiary, Pittsburgh 33, PennsylvaniaCourt of Appeals for the Third Circuit · 1961

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

3Cited by34 opinions

  1. United States v. Orlando MoraCourt of Appeals for the Tenth Circuit · 2002
  2. United States v. KennedyCourt of Appeals for the Tenth Circuit · 2000
  3. United States v. OrangeCourt of Appeals for the Tenth Circuit · 2006
  4. United States v. HarrisCourt of Appeals for the Tenth Circuit · 2017
  5. United States v. ArtezCourt of Appeals for the Tenth Circuit · 2004

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

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