Legal Opinion

United States v. Larry Nichols

Court of Appeals for the Sixth Circuit

Decided July 30, 2018No. 17-5580PublishedCited by 21 opinions

1Opinion of the Court

CLAY, Circuit Judge.

Defendant Larry D. Nichols appeals from a corrected sentence entered by the district court in an amended judgment pursuant to 28 U.S.C. § 2255 . 1 For the reasons that follow, we VACATE Defendant's corrected sentence and REMAND with instructions for Defendant to be sentenced in a manner consistent with this opinion.

BACKGROUND

In 2004, Defendant was convicted for felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1), (e). The statutory maximum sentence for that offense is ten years' imprisonment. See § 924(a)(2). However, the district court found that…

Also in this document: Dissent.

2Cases cited27 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Miller v. AlabamaSupreme Court of the United States · 2012
  4. Rita v. United StatesSupreme Court of the United States · 2007
  5. Johnson v. United StatesSupreme Court of the United States · 2015

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3Cited by21 opinions

  1. United States v. Shelton KetterCourt of Appeals for the Fourth Circuit · 2018
  2. United States v. Benjamin ForemanCourt of Appeals for the Sixth Circuit · 2020
  3. United States v. Abraham AugustinCourt of Appeals for the Sixth Circuit · 2021
  4. United States v. Demari Lepaul Thomas-MathewsCourt of Appeals for the Sixth Circuit · 2023
  5. United States v. James Brennan, IIICourt of Appeals for the Sixth Circuit · 2018

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

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