Legal Opinion
United States v. James LeRay McIntosh
Court of Appeals for the Eleventh Circuit
Decided January 7, 2013No. 10-15894PublishedCited by 8 opinions
1Opinion of the Court
GILMAN, Circuit Judge:
James Leray McIntosh was sentenced to a term of 120 months of imprisonment, the mandatory-minimum sentence for his convictions on a drug-trafficking charge and a weapons charge. Due to a technical error in the original indictment and a more substantial mistake by the government in its handling of that error, no indictment was pending against McIntosh at the time of his sentencing. This has caused McIntosh to challenge the power of the district court to sentence him at all. He also challenges the length of his sentence due to the enactment of the Fair Sentencing Act of…
2Cases cited24 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- North Carolina v. PearceSupreme Court of the United States · 1969
- United States v. CottonSupreme Court of the United States · 2002
- District of Columbia v. HellerSupreme Court of the United States · 2008
- Ex Parte BainSupreme Court of the United States · 1887
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3Cited by8 opinions
- United States v. Yuri IzurietaCourt of Appeals for the Eleventh Circuit · 2013
- United States v. Ionel MuresanuCourt of Appeals for the Seventh Circuit · 2020
- United States v. Efraim DiveroliCourt of Appeals for the Eleventh Circuit · 2013
- Broom v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2023
- Gary Steven Vasiloff v. United StatesCourt of Appeals for the Eleventh Circuit · 2015
3 more not listed; retrieve them via the Exa API.