Legal Opinion

United States v. Kelvin E. Wilkins

Court of Appeals for the Ninth Circuit

Decided August 15, 1990No. 89-10272PublishedCited by 48 opinions

1Opinion of the Court

FITZGERALD, Senior District Judge:

Kelvin E. Wilkins appeals his sentence, following conviction on a guilty plea, for one count of using a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). Wilkins contends that his mandatory five-year sentence is unconstitutional because the district court could not individualize the sentence.

Wilkins was charged with one count of possession with intent to sell marijuana in violation of 21 U.S.C. § 841(a)(1) (Count I), one count of possession of a firearm during commission of a drug trafficking offense in…

2Cases cited20 opinions

  1. Lockett v. OhioSupreme Court of the United States · 1978
  2. Solem v. HelmSupreme Court of the United States · 1983
  3. Rummel v. EstelleSupreme Court of the United States · 1980
  4. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  5. Ex Parte United StatesSupreme Court of the United States · 1916

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

3Cited by48 opinions

  1. United States v. Chris ParkerCourt of Appeals for the Ninth Circuit · 2001
  2. United States v. John Wesley Morehead, Sr., John Wesley Morehead, Jr., and Jackie Ray HillCourt of Appeals for the Tenth Circuit · 1992
  3. United States v. Edward X. MondelloCourt of Appeals for the Ninth Circuit · 1991
  4. United States v. Jackie Ray HillCourt of Appeals for the Tenth Circuit · 1992
  5. United States v. Darrell Paul Bertrand, United States of America v. John Owen RapaeCourt of Appeals for the Ninth Circuit · 1991

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

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