Legal Opinion
United States v. Polk
Court of Appeals for the Third Circuit
Decided August 12, 2009No. 08-4399PublishedCited by 34 opinions
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
Terrell Polk appeals from an order sentencing him to 37 months’ imprisonment for possession of a “shank” in prison. The District Court characterized Polk’s offense as a “crime of violence,” and accordingly calculated his sentencing range pursuant to the Career Offender Guidelines. This was correct under United States v. Kenney, 310 F.3d 135 (3d Cir.2002). However, because we determine that Kenney is no longer good law in light of the Supreme Court’s recent decision in Begay v. United States, — U.S. —, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), we vacate…
2Cases cited16 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Begay v. United StatesSupreme Court of the United States · 2008
- United States v. ArcherCourt of Appeals for the Eleventh Circuit · 2008
- United States v. Marva Headley, A/K/A "Brenda"Court of Appeals for the Third Circuit · 1991
- United States v. Kevin Davis, at No. 02-4521 Kevin A. Minnis, at No. 03-1130 Reginal Scott, at No. 03-1160Court of Appeals for the Third Circuit · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- United States v. LeeCourt of Appeals for the Third Circuit · 2010
- United States v. Askia WashingtonCourt of Appeals for the Third Circuit · 2017
- United States v. JohnsonCourt of Appeals for the Third Circuit · 2009
- United States v. Ricardo MarreroCourt of Appeals for the Third Circuit · 2014
- United States v. VanhookCourt of Appeals for the Sixth Circuit · 2011
29 more not listed; retrieve them via the Exa API.