Legal Opinion

United States v. Peyton

District Court, District of Columbia

Decided June 10, 2010No. Criminal Action 10-015 (RMC)PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

For the policy reasons articulated by the D.C. Circuit in United States v. Johnson, 28 F.3d 151 (D.C.Cir.1994), this Court granted the Government’s motion to treat Defendant Davon Peyton’s juvenile adjudication for distribution of cocaine as a prior conviction for a felony drug offense for purposes of triggering the 240 month minimum mandatory sentencing enhancement pursuant to 21 U.S.C. §§ 841(b)(1)(A) and 851. Upon further reflection and study of the Circuit’s decision, the Court determines that it erred. The Court writes this memorandum…

2Cases cited4 opinions

  1. United States v. Reco Vondell JohnsonCourt of Appeals for the D.C. Circuit · 1994
  2. United States v. HugginsCourt of Appeals for the Third Circuit · 2006
  3. In re W.A.F.District of Columbia Court of Appeals · 1990
  4. United States v. DeandradeDistrict Court, S.D. New York · 2008

3Cited by4 opinions

  1. United States v. William GauldCourt of Appeals for the Eighth Circuit · 2017
  2. United States v. GrahamCourt of Appeals for the Sixth Circuit · 2010
  3. United States v. GrahamCourt of Appeals for the Sixth Circuit · 2010
  4. United States v. William GauldCourt of Appeals for the Eighth Circuit · 2017

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