Legal Opinion

United States v. Terry L. Peveler

Court of Appeals for the Sixth Circuit

Decided February 6, 2004No. 02-5778PublishedCited by 60 opinions

1Opinion of the Court

OPINION

HAYNES, District Judge.

Appellant Terry L. Peveler appeals the district court’s order denying his motion to modify his sentence under 18 U.S.C. § 3582(c)(2). Peveler relies upon the ret-roactivity of Amendment 599 to U.S.S.G. § 2K2.4 that bars “double counting” of firearm enhancements where, as here, there is conviction under 18 U.S.C. § 924(c) arising from the same underlying offenses. Although originally indicted on 11 counts, Peveler subsequently entered a guilty plea under the former Fed. R.Crim.P. 11(e)(1)(C) to a superceding information charging five counts of drug-trafficking in…

2Cases cited25 opinions

  1. Bousley v. United StatesSupreme Court of the United States · 1998
  2. Bailey v. United StatesSupreme Court of the United States · 1995
  3. United States v. RobinsonSupreme Court of the United States · 1960
  4. United States v. TeeterCourt of Appeals for the First Circuit · 2001
  5. United States v. DiazCourt of Appeals for the Eleventh Circuit · 2001

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3Cited by60 opinions

  1. Freeman v. United StatesSupreme Court of the United States · 2011
  2. United States v. Paul CieslowskiCourt of Appeals for the Seventh Circuit · 2005
  3. United States v. CookCourt of Appeals for the D.C. Circuit · 2010
  4. United States v. SanchezCourt of Appeals for the Third Circuit · 2009
  5. United States v. CarterCourt of Appeals for the Sixth Circuit · 2007

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

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