Legal Opinion
United States v. Rodriguez
Court of Appeals for the Fifth Circuit
Decided May 20, 1997No. 96-30878PublishedCited by 27 opinions
1Opinion of the Court
POLITZ, Chief Judge:
Gustavo Perdomo Rodriguez challenges the district court’s authority to resentence him after his convictions under 18 U.S.C. § 924(c)(1) were vacated. Concluding that the district court had the authority under 28 U.S.C. § 2255 to resentence Rodriguez and that it did not violate the double jeopardy clause by doing so, we affirm.
BACKGROUND
In 1990, Rodriguez pled guilty to conspiracy to distribute and possession with intent to distribute two kilograms of cocaine. 1 In addition, a jury convicted Rodriguez of using a machine gun, a shotgun, and a revolver during the commission…
2Cases cited14 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Bailey v. United StatesSupreme Court of the United States · 1995
- United States v. DiFrancescoSupreme Court of the United States · 1980
- United States v. Mister T. HillaryCourt of Appeals for the Fourth Circuit · 1997
- United States v. Richard Alexander SmithCourt of Appeals for the Seventh Circuit · 1997
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- United States v. Howard HandaCourt of Appeals for the Ninth Circuit · 1997
- Gerald M. Pasquarille v. United StatesCourt of Appeals for the Sixth Circuit · 1997
- United States v. MendozaCourt of Appeals for the Tenth Circuit · 1997
- United States v. Townsend, DerrickCourt of Appeals for the D.C. Circuit · 1999
- United States v. Robert MorrisCourt of Appeals for the D.C. Circuit · 1997
22 more not listed; retrieve them via the Exa API.