Legal Opinion
United States v. Raymond Joseph Johns
Court of Appeals for the Ninth Circuit
Decided September 24, 1993No. 19-55413PublishedCited by 50 opinions
1Opinion of the Court
FERNANDEZ, Circuit Judge:
Raymond Joseph Johns, Jr., was indicted for and pled guilty to armed bank robbery. 18 U.S.C. § 2113(a) & (d). At sentencing the district judge determined that an amendment to the Sentencing Guidelines precluded her from giving Johns a downward departure based upon his asserted youthful lack of guidance. Johns claims that application of the amendment to him violated the Ex Post Facto Clause of the Constitution. See U.S. Const, art. I, § 9, cl. 3. We agree. We vacate the sentence and remand for further proceedings.
BACKGROUND
There is no dispute about the historical facts…
2Cases cited26 opinions
- United States v. TuckerSupreme Court of the United States · 1972
- Collins v. YoungbloodSupreme Court of the United States · 1990
- Dobbert v. FloridaSupreme Court of the United States · 1977
- Miller v. FloridaSupreme Court of the United States · 1987
- Beazell v. OhioSupreme Court of the United States · 1925
21 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- David L. Murtishaw v. Jeanne Woodford, Warden of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2001
- United States v. Gregory M. ThomasCourt of Appeals for the D.C. Circuit · 1997
- United States v. Connie Sue Heater, United States of America v. Harvey Bernard John, United States of America v. Timothy W. McCoyCourt of Appeals for the Fourth Circuit · 1995
- United States v. Ronald Olen BurrowsCourt of Appeals for the Ninth Circuit · 1994
- UNITED STATES of America, Plaintiff-Appellee, v. Gerald ORTLAND, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
45 more not listed; retrieve them via the Exa API.