Legal Opinion
United States v. Michael Shane Phipps and Dean Rayburn Gilley
Court of Appeals for the Fifth Circuit
Decided January 15, 2003No. 02-10102PublishedCited by 94 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Michael Phipps and Dean Gilley appeal several aspects of their kidnaping, carjacking, and firearms convictions and sentences. Because 18 U.S.C. § 924(c)(1) does not unambiguously authorize their multiple convictions for a single use of a single firearm based on multiple predicate offenses, we vacate the sentences and remand for resentencing on all counts after one of the § 924(c)(1) counts is dismissed.
I
On December 13-14, 2000, Paula Vasta-no-Pasquariello departed work and drove to her home outside Dallas; defendants and their accomplice, Julian Medina, followed…
2Cases cited53 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- In Re WINSHIPSupreme Court of the United States · 1970
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Estelle v. McGuireSupreme Court of the United States · 1991
- Sullivan v. LouisianaSupreme Court of the United States · 1993
48 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Christopher J. Farrell v. Corey Burke and Gregory Freeman, Docket No. 05-0169 CvCourt of Appeals for the Second Circuit · 2006
- State v. BahlWashington Supreme Court · 2008
- State v. BahlWashington Supreme Court · 2008
- United States v. StultsCourt of Appeals for the Eighth Circuit · 2009
- United States v. Scott AdkinsCourt of Appeals for the Seventh Circuit · 2014
89 more not listed; retrieve them via the Exa API.