Legal Opinion

United States v. Drath

Court of Appeals for the Fifth Circuit

Decided July 12, 1996No. 95-50625PublishedCited by 45 opinions

1Opinion of the Court

DUHÉ, Circuit Judge:

Thomas and Daniel Drath moved separately under 18 U.S.C. § 3582(c)(2) for reduction of sentence based on a post-sentencing amendment to United States Sentencing Guidelines § 1B1.3. See United States Sentencing Commission, Guidelines Manual, App. C at 314-22 (Nov.1995) (hereinafter “U.S.S.G.”). The district court held the amendment was not to be applied retroactively in the context of a § 3582(c)(2) motion and, accordingly, denied both motions. We affirm.

I

Thomas Drath pleaded guilty to conspiracy to distribute and to possess with intent to distribute a controlled substance…

2Cases cited11 opinions

  1. United States v. Malcolm Jones WhitebirdCourt of Appeals for the Fifth Circuit · 1995
  2. United States v. MaserattiCourt of Appeals for the Fifth Circuit · 1993
  3. United States v. Roberto Aguilera-ZapataCourt of Appeals for the Fifth Circuit · 1990
  4. United States v. AndersonCourt of Appeals for the Fifth Circuit · 1993
  5. United States v. Patricia Ann ShawCourt of Appeals for the Fifth Circuit · 1994

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

3Cited by45 opinions

  1. United States v. Huckley Armstrong, A.K.A. ShortyCourt of Appeals for the Eleventh Circuit · 2003
  2. United States v. Hilario Gonzalez-Balderas, Sr., Also Known as Hilario Perez, Also Known as Mr. PerezCourt of Appeals for the Fifth Circuit · 1997
  3. United States v. AlexanderCourt of Appeals for the Seventh Circuit · 2009
  4. Bane v. Virginia Department of CorrectionsDistrict Court, W.D. Virginia · 2003
  5. United States v. CaldwellCourt of Appeals for the Fifth Circuit · 2009

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

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