Legal Opinion · Dissent

United States v. Norman Kerr

Court of Appeals for the Fourth Circuit

Decided December 3, 2013No. 12-4775Published

1DissentDavis, Circuit Judge

Respectfully, I dissent.

The majority opinion runs counter to Supreme Court precedent, Carachuri-Rosendo v. Holder, 560 U.S. 563, 130 S.Ct. 2577, 177 L.Ed.2d 68 (2010), and effectively guts our Circuit precedent, United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc). It violates principles' of comity and federalism by directing federal district courts to' ignore the careful sentencing decisions of their state counterparts. And it goes to such lengths all to affirm a twenty-two-year sentence imposed on a fifty-one-year old mentally ill veteran who had previously never served more…

2Cases cited13 opinions

  1. Ladner v. United StatesSupreme Court of the United States · 1958
  2. Carachuri-Rosendo v. HolderSupreme Court of the United States · 2010
  3. United States v. GrandersonSupreme Court of the United States · 1994
  4. United States v. SimmonsCourt of Appeals for the Fourth Circuit · 2011
  5. United States v. Milton HawkinsCourt of Appeals for the Third Circuit · 1987

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