Legal Opinion

United States v. Donald Davenport

Court of Appeals for the Fourth Circuit

Decided April 21, 2006No. 05-4304PublishedCited by 115 opinions

1Opinion of the Court

Vacated and remanded by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge MICHAEL and Judge TRAXLER joined.

OPINION

WILKINS, Chief Judge:

Donald Davenport appeals, as a violation of the Ex Post Facto Clause and as unreasonable, the ten-year sentence imposed by the district court following Davenport’s guilty plea to fraudulent use of an access device, see 18 U.S.C.A. § 1029(a)(5) (West 2000). He also challenges, as plainly erroneous, the restitution order entered by the district court. For the reasons set forth below, we vacate the sentence and restitu tion order and remand…

2Cases cited25 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. United States v. YoungSupreme Court of the United States · 1985
  4. Weaver v. GrahamSupreme Court of the United States · 1981
  5. Townsend v. BurkeSupreme Court of the United States · 1948

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

3Cited by115 opinions

  1. Irizarry v. United StatesSupreme Court of the United States · 2008
  2. United States v. Vampire Nation A/K/A Fredrik Von Hamilton A/K/A Frederick Hamilton Banks, Frederick H. BanksCourt of Appeals for the Third Circuit · 2006
  3. United States v. Vega-SantiagoCourt of Appeals for the First Circuit · 2008
  4. United States v. TreadwellCourt of Appeals for the Ninth Circuit · 2010
  5. United States v. William J. DavisCourt of Appeals for the Sixth Circuit · 2006

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API