Legal Opinion

United States v. Brian Brumbach

Court of Appeals for the Sixth Circuit

Decided July 11, 2019No. 18-5703/5705PublishedCited by 50 opinions

1Opinion of the Court

BERNICE BOUIE DONALD, Circuit Judge.

Brian David Brumbach ("Brumbach") filed for relief under 28 U.S.C. § 2255 , arguing that his sentence had been improperly enhanced under the Armed Career Criminal Act ("ACCA") because his twelve prior convictions for Tennessee aggravated burglary did not qualify as violent felonies under the ACCA. The district court stayed his petition until this court issued a ruling in United States v. Stitt , where we held that Tennessee's aggravated burglary statute did not qualify as an enumerated offense under the ACCA. United States v. Stitt , 860 F.3d 854 , 860-61…

2Cases cited11 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. James v. United StatesSupreme Court of the United States · 2007
  5. Jan M. Sexton Salmi v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1985

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3Cited by50 opinions

  1. Tammy Brawner v. Scott Cnty., Tenn.Court of Appeals for the Sixth Circuit · 2021
  2. RLR Investments, LLC v. City of Pigeon Forge, Tenn.Court of Appeals for the Sixth Circuit · 2021
  3. United States v. David BrownCourt of Appeals for the Sixth Circuit · 2020
  4. United States v. David BuieCourt of Appeals for the Sixth Circuit · 2020
  5. Christopher Mitchell v. United StatesCourt of Appeals for the Sixth Circuit · 2022

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

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