Legal Opinion
Rice v. Rivera
Court of Appeals for the Fourth Circuit
Decided September 7, 2010No. 08-8191, 09-6001PublishedCited by 250 opinions
1Opinion of the Court
OPINION
2Per curiam
In 1990, appellant Timothy Rice was convicted in the District of South Carolina of using a firearm during and in relation to a drug trafficking offense, in contravention of 18 U.S.C. § 924(c). In 2008, Rice sought habeas corpus relief, maintaining that his § 924(c) conviction had been rendered illegal by the Supreme Court’s decision in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), which circumscribed what it means to “use” a firearm in violation of § 924(c). In the district court, the Government agreed with Rice’s Bailey contention, explaining in its…
3Cases cited23 opinions
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Bousley v. United StatesSupreme Court of the United States · 1998
- Bailey v. United StatesSupreme Court of the United States · 1995
- Bowles v. RussellSupreme Court of the United States · 2007
- Kontrick v. RyanSupreme Court of the United States · 2004
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4Cited by250 opinions
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- Adbul-Mumit v. Alexandria Hyundai, LLCCourt of Appeals for the Fourth Circuit · 2018
- Abernathy v. WandesCourt of Appeals for the Tenth Circuit · 2013
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