Legal Opinion
United States v. Gardner
District Court, W.D. Virginia
Decided February 19, 2008No. 1:07CR00028PublishedCited by 7 opinions
1Opinion of the Court
OPINION
JAMES P. JONES, Chief Judge.
The question in this case is whether the defendant has two prior convictions for a felony drug offense within the meaning of 21 U.S.C.A. § 841(b)(1)(A) (West 1999 & Supp.2007), thus requiring that he be sentenced to life imprisonment. My analysis of the facts and the legal precedent convinces me that he has only one such conviction within the meaning of the statute and thus a sentence of life imprisonment is not mandated.
I
The defendant, Demetrius Tyrone Gardner, has been found guilty by a jury in this court of conspiring to distribute or to possess with…
2Cases cited14 opinions
- Muscarello v. United StatesSupreme Court of the United States · 1998
- Arlington Central School District Board of Education v. MurphySupreme Court of the United States · 2006
- Barnhart v. Peabody Coal Co.Supreme Court of the United States · 2003
- United States v. Joel Roy BlackwoodCourt of Appeals for the Fourth Circuit · 1990
- United States v. FordCourt of Appeals for the Fourth Circuit · 1996
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3Cited by7 opinions
- United States v. ThomasCourt of Appeals for the Tenth Circuit · 2019
- United States v. BrownCourt of Appeals for the Eighth Circuit · 2010
- United States v. Timothy GraysonCourt of Appeals for the Sixth Circuit · 2013
- United States v. AnthonyDistrict Court, E.D. Wisconsin · 2009
- United States v. BrownCourt of Appeals for the Eighth Circuit · 2010
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