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Legal Opinion

Wayne Anthony Gardiner v. United States of America, Ernesto Gutierrez-Silva v. United States of America, Kevin Beal v. United States

Court of Appeals for the Eighth Circuit

Decided May 27, 1997No. 96-2482, 96-2530 and 96-2626PublishedCited by 46 opinions

1Opinion of the Court

BEAM, Circuit Judge.

These consolidated appeals present the question whether, in an action under 28 U.S.C. § 2255, a district court has authority to resentence a prisoner on a drug trafficking conviction after vacating a related conviction for using a firearm in relation to a drug offense in violation of 18 U.S.C. § 924(e). We hold that the court has such authority.

I. BACKGROUND

In unrelated cases, Gardiner, GutierrezrSilva, and Beal (petitioners) were charged in multi-count indictments with drug trafficking charges. Each was also charged with using a firearm in relation to a drug trafficking…

2Cases cited9 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. United States v. DiFrancescoSupreme Court of the United States · 1980
  3. Andrews v. United StatesSupreme Court of the United States · 1963
  4. Pennsylvania v. GoldhammerSupreme Court of the United States · 1985
  5. United States v. Mister T. HillaryCourt of Appeals for the Fourth Circuit · 1997

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

3Cited by46 opinions

  1. Ben Gary Triestman v. United StatesCourt of Appeals for the Second Circuit · 1997
  2. Eric A. Moore v. United StatesCourt of Appeals for the Eighth Circuit · 1999
  3. United States v. John D. BehlerCourt of Appeals for the Eighth Circuit · 1999
  4. United States v. Wakinyan McArthurCourt of Appeals for the Eighth Circuit · 2017
  5. United States v. Townsend, DerrickCourt of Appeals for the D.C. Circuit · 1999

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

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