Legal Opinion

United States v. David Daniel Alaniz, Also Known as Daniel David Alaniz, Also Known as Daniel David Alanez, Also Known as Danny Alaniz

Court of Appeals for the Eighth Circuit

Decided December 15, 2000No. 00-1539PublishedCited by 40 opinions

1Opinion of the Court

BYE, Circuit Judge.

This appeal involves a question of first impression — whether a 1998 amendment to 18 U.S.C. § 924(c)(1)(A) nullifies a consecutive term of imprisonment for a firearm charge whenever the predicate drug crime or crime of violence already carries a greater minimum sentence.

I

The government appeals from a sentence of 135 months imposed upon David Daniel Alaniz after he pleaded guilty to both drug and firearm charges. The drug charge involved more than 500 grams of a mixture or substance containing methamphetamine, which carries a mandatory term of ten years imprisonment pursuant…

2Cases cited9 opinions

  1. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  2. Bailey v. United StatesSupreme Court of the United States · 1995
  3. United States v. S.A.Court of Appeals for the Eighth Circuit · 1997
  4. United States v. Michael D. MurphyCourt of Appeals for the Eighth Circuit · 1995
  5. United States v. Howard McAllisterCourt of Appeals for the Eighth Circuit · 2000

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

3Cited by40 opinions

  1. Abbott v. United StatesSupreme Court of the United States · 2010
  2. United States v. WhitleyCourt of Appeals for the Second Circuit · 2008
  3. United States v. EasterCourt of Appeals for the Seventh Circuit · 2009
  4. United States v. WilliamsCourt of Appeals for the Second Circuit · 2009
  5. United States v. Cornelius Douglas StudifinCourt of Appeals for the Fourth Circuit · 2001

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

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