Legal Opinion
United States v. George Henry Mihm
Court of Appeals for the Eighth Circuit
Decided January 27, 1998No. 97-1535PublishedCited by 13 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
This appeal raises a difficult sentencing question regarding the proper interplay between 18 U.S.C. § 3582(c)(2), which gives the sentencing court limited authority to reduce a prior sentence by retroactively applying amendments to the Sentencing Guidelines, and 18 U.S.C. § 3553(f), the prospective “safety valve” exception to mandatory minimum drug sentences. The district court concluded that a resentencing under § 3582(c)(2) must be done without regard to the § 3553(f) safety valve if the original sentence was imposed before the effective date of § 3553(f). We disagree…
2Cases cited10 opinions
- Bifulco v. United StatesSupreme Court of the United States · 1980
- United States v. RLCSupreme Court of the United States · 1992
- United States v. George Henry MihmCourt of Appeals for the Eighth Circuit · 1994
- United States v. PolancoCourt of Appeals for the Eighth Circuit · 1995
- United States v. Glynn WyattCourt of Appeals for the Eighth Circuit · 1997
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. Hamedah A. Hasan, Also Known as Stephanie LomaxCourt of Appeals for the Eighth Circuit · 2001
- United States v. FanfanCourt of Appeals for the First Circuit · 2009
- United States v. HasanCourt of Appeals for the Eighth Circuit · 2000
- United States v. JacksonCourt of Appeals for the Eleventh Circuit · 2010
- United States v. Martin Templeton StockdaleCourt of Appeals for the Ninth Circuit · 1998
8 more not listed; retrieve them via the Exa API.