Legal Opinion
United States v. Mister T. Hillary
Court of Appeals for the Fourth Circuit
Decided February 14, 1997No. 96-7463PublishedCited by 95 opinions
1Opinion of the Court
Vacated and remanded by published opinion. Judge HALL wrote the opinion, in which Judge ERVIN and Senior Judge BUTZNER joined.
K.K. HALL, Circuit Judge:
The United States appeals an order of the district - court denying its request that the defendant be. resentenced on a surviving drug conviction after being granted relief from his 18 U.S.C. § 924(c) firearms “use” conviction in light of Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). The district court held that it lacked jurisdiction under 28 U.S.C. § 2255 to resen-tence. We disagree; hence, we vacate the judgment…
2Cases cited12 opinions
- Schlup v. DeloSupreme Court of the United States · 1995
- Bailey v. United StatesSupreme Court of the United States · 1995
- Peyton v. RoweSupreme Court of the United States · 1968
- Rutledge v. United StatesSupreme Court of the United States · 1996
- Garlotte v. FordiceSupreme Court of the United States · 1995
7 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- United States v. Donathan Wayne HaddenCourt of Appeals for the Fourth Circuit · 2007
- Tommy L. Rutledge v. United StatesCourt of Appeals for the Seventh Circuit · 2000
- United States v. Howard HandaCourt of Appeals for the Ninth Circuit · 1997
- United States v. Richard F. HarrisCourt of Appeals for the Fourth Circuit · 1997
- United States v. Barry Davis, A/K/A "Mark Johnson"Court of Appeals for the Third Circuit · 1997
90 more not listed; retrieve them via the Exa API.