United States v. Larry Nichols
Court of Appeals for the Sixth Circuit
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
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Gall v. United StatesSupreme Court of the United States · 2007
- Miller v. AlabamaSupreme Court of the United States · 2012
- Rita v. United StatesSupreme Court of the United States · 2007
- Johnson v. United StatesSupreme Court of the United States · 2015
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3Cited by21 opinions
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- United States v. Benjamin ForemanCourt of Appeals for the Sixth Circuit · 2020
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- United States v. Demari Lepaul Thomas-MathewsCourt of Appeals for the Sixth Circuit · 2023
- United States v. James Brennan, IIICourt of Appeals for the Sixth Circuit · 2018
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