Legal Opinion

United States v. Simmons

Court of Appeals for the Fourth Circuit

Decided March 18, 2011No. 08-4475PublishedCited by 16 opinions

1Opinion of the Court

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Justice O’CONNOR and Judge DUNCAN concurred.

OPINION

AGEE, Circuit Judge:

Jason Edward Simmons challenges the district court’s use of a prior North Carolina state conviction for purposes of imposing an enhanced sentence under 21 U.S.C. § 841(b)(1)(D). The case is before us after a remand from the Supreme Court. Simmons v. United States, — U.S. —, 130 S.Ct. 3455, 177 L.Ed.2d 1048 (June 21, 2010). In a previous unpublished per curiam opinion, we concluded that our decision in United States v. Harp, 406 F.3d 242 (4th Cir.2005),…

2Cases cited10 opinions

  1. Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986
  2. Tyler v. CainSupreme Court of the United States · 2001
  3. Carachuri-Rosendo v. HolderSupreme Court of the United States · 2010
  4. United States v. Johnny Craig HarpCourt of Appeals for the Fourth Circuit · 2005
  5. United States v. RodriquezSupreme Court of the United States · 2008

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3Cited by16 opinions

  1. United States v. Gerald WheelerCourt of Appeals for the Fourth Circuit · 2018
  2. United States v. SimmonsCourt of Appeals for the Fourth Circuit · 2011
  3. United States v. Wesley FooteCourt of Appeals for the Fourth Circuit · 2015
  4. United States v. BrooksCourt of Appeals for the Tenth Circuit · 2014
  5. United States v. IngramCourt of Appeals for the D.C. Circuit · 2012

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