Legal Opinion

United States v. Alston

Court of Appeals for the Fourth Circuit

Decided July 2, 2010No. 09-4375PublishedCited by 60 opinions

1Opinion of the Court

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING and Senior Judge SILER joined.

OPINION

NIEMEYER, Circuit Judge:

This appeal presents the question of whether Willie Alston’s sentence for possession of a firearm in violation of 18 U.S.C. § 922(g)(1) was properly enhanced under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), which provides for an enhancement based on a defendant having three prior convictions for a violent felony or a serious drug offense. In enhancing Alston’s sentence, the district court relied on a prior conviction…

2Cases cited19 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. Shepard v. United StatesSupreme Court of the United States · 2005
  5. Johnson v. United StatesSupreme Court of the United States · 2010

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

3Cited by60 opinions

  1. United States v. KingCourt of Appeals for the Fourth Circuit · 2012
  2. United States v. VannCourt of Appeals for the Fourth Circuit · 2011
  3. United States v. VintonCourt of Appeals for the Eighth Circuit · 2011
  4. United States v. McMurrayCourt of Appeals for the Sixth Circuit · 2011
  5. United States v. Mirna GomezCourt of Appeals for the Fourth Circuit · 2012

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API