Legal Opinion
Austin v. United States
District Court, S.D. New York
Decided December 4, 2017No. 16-cv-4446 (JSR); 06-cr-991 (JSR)PublishedCited by 5 opinions
1Opinion of the Court
OPINION AND ORDER
JED S. RAKOFF, U.S.D.J.
Before the Court is the motion of peti-' tioner Joel Austin to vacate his sentence and order his release. The motion is granted.
The pertinent facts are as follows: On September 19,. 2006, police found an unloaded gun in Austin’s pocket during a. search incident to arrest for jumping a turnstile. He pleaded guilty to possessing a firearm after having previously been convicted of a felony in violation of 18 U.S.C. § 922(g)(1).
The statutory maximum for a § 922(g) violation is typically 10 years. 18 U.S.C. § 924(a)(2). However, the Court found that it was…
2Cases cited57 opinions
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- Shepard v. United StatesSupreme Court of the United States · 2005
- Descamps v. United StatesSupreme Court of the United States · 2013
- Johnson v. United StatesSupreme Court of the United States · 2010
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3Cited by5 opinions
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