Legal Opinion
Gary Kale Banks v. United States
Court of Appeals for the Eighth Circuit
Decided April 13, 1977No. 76-1499PublishedCited by 14 opinions
1Opinion of the Court
WEBSTER, Circuit Judge.
The United States appeals from an order of the District Court granting Gary Kale Banks’ § 2255 motion. The District Court found that it had made a critical error in sentencing Banks, and so had jurisdiction under § 2255 to modify his sentence. See Kortness v. United States, 514 F.2d 167 (8th Cir. 1975). We conclude that the District Court did not have jurisdiction to modify the sentence, and so reverse the grant of § 2255 relief.
On May 8, 1975, Banks was convicted in the District Court of distributing one gram of cocaine and possessing two grams of amphetamine, in…
2Cases cited11 opinions
- Houser v. United StatesCourt of Appeals for the Eighth Circuit · 1974
- Norman Eugene Lee v. United StatesCourt of Appeals for the Eighth Circuit · 1974
- Robert D. Kortness v. United StatesCourt of Appeals for the Eighth Circuit · 1975
- Harold Martin Brest v. Dr. P. J. Ciccone, Director, Medical Center for Federal Prisoners, Spring-Field, MissouriCourt of Appeals for the Eighth Circuit · 1967
- United States v. James Franklin LewisCourt of Appeals for the Fourth Circuit · 1968
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Geraghty v. United States Parole CommissionCourt of Appeals for the Third Circuit · 1978
- Homer Gene Edwards v. United StatesCourt of Appeals for the Eighth Circuit · 1978
- Whitney Paul Kills Crow v. United StatesCourt of Appeals for the Eighth Circuit · 1977
- United States v. James F. Kent, James F. Kent v. Warden, Federal Correctional Institution, Eglin Air Force Base, FloridaCourt of Appeals for the Fifth Circuit · 1977
- Charles Musto v. United StatesCourt of Appeals for the Third Circuit · 1978
9 more not listed; retrieve them via the Exa API.