Legal Opinion
United States v. Mendoza
Court of Appeals for the Tenth Circuit
Decided July 7, 1997No. 96-6314PublishedCited by 59 opinions
1Opinion of the Court
MURPHY, Circuit Judge.
The issue presented by this appeal is whether the district court, following the vacatur of a conviction for using a firearm during the course of a drug offense, see 18 U.S.C. § 924(c), in a 28 U.S.C. § 2255 proceeding, has jurisdiction to resentence the defendant on remaining related convictions. We hold the district court has such authority. 1
Defendant pleaded guilty to conspiring to possess heroin and cocaine, with the intent to distribute, 21 U.S.C. § 846, and using or carrying a firearm during and in relation to a drug trafficking offense, 18 U.S.C. § 924(c). The…
2Cases cited16 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- United States v. BlackwellCourt of Appeals for the Tenth Circuit · 1996
- 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
- United States v. Lang, S.Court of Appeals for the Tenth Circuit · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Gerald M. Pasquarille v. United StatesCourt of Appeals for the Sixth Circuit · 1997
- United States v. Buddie Lee SmarttCourt of Appeals for the Tenth Circuit · 1997
- United States v. Hector Ramon Diaz-ClarkCourt of Appeals for the Eleventh Circuit · 2002
- United States v. Barragan-MendozaCourt of Appeals for the Ninth Circuit · 1999
- United States v. GouldCourt of Appeals for the Tenth Circuit · 2012
54 more not listed; retrieve them via the Exa API.