Legal Opinion
United States v. James Alton
Court of Appeals for the Eighth Circuit
Decided July 14, 1997No. 96-3251PublishedCited by 10 opinions
1Opinion of the Court
BEAM, Circuit Judge.
James Alton brought an action under 28 U.S.C. § 2255, challenging his conviction for using a firearm in relation to a drug trafficking offense in violation of 18 U.S.C. § 924(e). The district court 1 vacated the conviction in light of the United States Supreme Court’s opinion in Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Upon motion by the government, the district court recalculated Alton’s sentence on a related charge of trafficking in a controlled substance. Alton appeals, and we affirm.
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Also in this document: Dissent.
2Cases cited5 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- Warner v. United StatesDistrict Court, E.D. Arkansas · 1996
- United States v. Charles H. Harrison, Jr., Also Known as ChuckCourt of Appeals for the Eighth Circuit · 1997
- Wayne Anthony Gardiner v. United States of America, Ernesto Gutierrez-Silva v. United States of America, Kevin Beal v. United StatesCourt of Appeals for the Eighth Circuit · 1997
- Alton v. United StatesDistrict Court, E.D. Missouri · 1996
3Cited by10 opinions
- 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
- State v. TaboneSupreme Court of Connecticut · 2009
- United States v. Steven Jay RadmallCourt of Appeals for the Ninth Circuit · 2003
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