Legal Opinion
United States v. Ronald Lewis Davis
Court of Appeals for the Fifth Circuit
Decided October 7, 1986No. 86-1036PublishedCited by 67 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
A defendant, indicted only for illegal possession of a firearm, was sentenced to serve 25 years under the Armed Career Criminal Act of 1984. Because that Act is not merely a sentence-enhancement provision but creates a new offense, for which the defendant was not indicted, we vacate the sentence. In addition, we uphold the constitutionality of the Act against the charge that, because it fixes a minimum but not a maximum sentence, it denies due process to a person charged with violating it.
I
During the night, two police officers were patrolling an apartment parking…
2Cases cited14 opinions
- United States v. TurketteSupreme Court of the United States · 1981
- Garrett v. United StatesSupreme Court of the United States · 1985
- Jack Shields v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1967
- Thomas J. Piper, Jr. v. W.J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
- United States v. James T. SchellCourt of Appeals for the Tenth Circuit · 1982
9 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- United States v. Milton HawkinsCourt of Appeals for the Third Circuit · 1987
- United States v. Brad Eugene Branch, Kevin Whitecliff, Jaime Castillo, Renos Lenny Avraam, Paul Fatta and Graeme Leonard CraddockCourt of Appeals for the Fifth Circuit · 1996
- United States v. Rezaq, Omar MohammedCourt of Appeals for the D.C. Circuit · 1998
- United States v. Arthur W. RumneyCourt of Appeals for the First Circuit · 1989
- United States v. Dale Lynn RyanCourt of Appeals for the Eighth Circuit · 1994
62 more not listed; retrieve them via the Exa API.