Legal Opinion

United States v. Davis

Court of Appeals for the Fifth Circuit

Decided April 5, 2010No. 09-10731PublishedCited by 86 opinions

1Opinion of the Court

KING, Circuit Judge:

Defendant-appellant Tony Eugene Davis appeals the sentence of 24 months of imprisonment and two years of supervised release imposed following the revocation of his supervised release. Davis contends that remand for resentencing is warranted because there is a reasonable probability that, but for the district court’s consideration of an incorrect advisory sentencing range, he would have received a lesser sentence. On plain error review, we affirm.

I. BACKGROUND

On January 21, 2009, the vehicle in which Davis was traveling as a passenger was stopped for a traffic violation in…

2Cases cited31 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Puckett v. United StatesSupreme Court of the United States · 2009
  4. United States v. SmithCourt of Appeals for the Fifth Circuit · 2006
  5. United States v. Fortino Saucedo VillegasCourt of Appeals for the Fifth Circuit · 2005

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3Cited by86 opinions

  1. United States v. Jose Escalante-ReyesCourt of Appeals for the Fifth Circuit · 2012
  2. United States v. Joseph KippersCourt of Appeals for the Fifth Circuit · 2012
  3. United States v. Ruben PrietoCourt of Appeals for the Fifth Circuit · 2015
  4. United States v. DicksonCourt of Appeals for the Fifth Circuit · 2011
  5. United States v. Julian Martinez-RodriguezCourt of Appeals for the Fifth Circuit · 2016

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