United States v. Davis
District Court, D. Vermont
1Opinion of the Court
OPINION AND ORDER
BILLINGS, Chief Judge.
On January 19, 1990, petitioner Benjamin Davis was convicted in this court of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1), and was sentenced to 18 years imprisonment without parole pursuant to 18 U.S.C. § 924(e)(1). On May 29, 1990, Davis petitioned for relief under 28 U.S.C. § 2255 to have the conviction vacated, and, in the alternative, to be resen-tenced.
For the reasons herein stated, petitioner’s motion to vacate the conviction is DENIED, and his motion for resentencing is GRANTED.
BACKGROUND
On August 17, 1988, Davis was…
2Cases cited11 opinions
- United States v. TuckerSupreme Court of the United States · 1972
- Burgett v. TexasSupreme Court of the United States · 1967
- Lewis v. United StatesSupreme Court of the United States · 1980
- Johnson v. MississippiSupreme Court of the United States · 1988
- Roberts v. United StatesSupreme Court of the United States · 1980
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3Cited by6 opinions
- United States v. Joseph Osborne Kahoe, Iii, A/K/A Joseph KahoeCourt of Appeals for the Fourth Circuit · 1998
- United States v. PayneDistrict Court, D. Massachusetts · 1995
- United States v. Ray Anthony MerrymanCourt of Appeals for the Sixth Circuit · 1994
- United States v. KahoeCourt of Appeals for the Fourth Circuit · 1998
- Wallen v. StateTennessee Supreme Court · 1993
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