Legal Opinion
United States v. Thomas
Court of Appeals for the Second Circuit
Decided December 16, 2010No. Docket 09-4335-crPublishedCited by 22 opinions
1Opinion of the Court
STRAUB, Circuit Judge:
DefendanL-Appellant Garfield Thomas was sentenced principally to fifty-seven months in prison following his guilty plea to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). On appeal, Thomas challenges the reasonableness of his sentence, arguing that the District Court procedurally erred by including in Thomas’s applicable sentencing range under the United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) the two-level enhancement of § 2K2.1(b)(4)(A), which applies to certain firearms charges in which the firearm was stolen,…
2Cases cited24 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
19 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Spavone v. New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 2013
- United States v. RayCourt of Appeals for the Tenth Circuit · 2013
- United States v. TaylorCourt of Appeals for the Fourth Circuit · 2011
- United States v. Lasalle-GonzalezCourt of Appeals for the First Circuit · 2017
- Shemendera v. First Niagara Bank N.A.District Court, W.D. New York · 2012
17 more not listed; retrieve them via the Exa API.