Legal Opinion
United States v. Johnny Eugene Smith
Court of Appeals for the Fourth Circuit
Decided May 30, 1997No. 96-4492PublishedCited by 63 opinions
1Opinion of the Court
Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Senior Judge BUTZNER and Senior Judge PHILLIPS joined.
OPINION
MURNAGHAN, Circuit Judge.
A convicted prisoner, Johnny Eugene Smith, challenges the district court’s jurisdiction to resentenee him on two counts of the indictment after Smith successfully collaterally attacked his 18 U.S.C. § 924(c) conviction. Smith further argues that, even if the district court had jurisdiction, the district court’s resentencing of him violated the Fifth Amendment’s Due Process and Double Jeopardy Clauses. For the following reasons, the…
2Cases cited13 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- United States v. Charles ShueCourt of Appeals for the Seventh Circuit · 1987
- 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. Kenneth James LundienCourt of Appeals for the Fourth Circuit · 1985
8 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- United States v. Donathan Wayne HaddenCourt of Appeals for the Fourth Circuit · 2007
- United States v. German VenturaCourt of Appeals for the Fourth Circuit · 2017
- United States of America, Appellee-Cross-Appellant v. Benjamin Gary Triestman, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1999
- United States v. Townsend, DerrickCourt of Appeals for the D.C. Circuit · 1999
- UNITED STATES of America, Plaintiff-Appellant, v. Thomas Lavell McCLAIN, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1998
58 more not listed; retrieve them via the Exa API.