Legal Opinion
United States v. Benbrook
Court of Appeals for the Fifth Circuit
Decided August 1, 1997No. 97-10308PublishedCited by 36 opinions
1Opinion of the Court
WIENER, Circuit Judge:
Plaintiff-Appellant James Robert Ben-brook, Jr. appeals his resentencing by the district court following a successful challenge to his 18 U.S.C. § 924(c) conviction. Finding no error, we affirm.
I
FACTS AND PROCEEDINGS
A jury convicted Benbrook of unlawful possession of phenylaeetic acid, in violation of 18 U.S.C. § 841(d)(2), and using a firearm during and in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924(c). 1 The district court sentenced him to consecutive terms of imprisonment — forty-six months for the drug conviction and sixty months for the…
2Cases cited12 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- United States v. DiFrancescoSupreme Court of the United States · 1980
- United States v. Anthony F. DaddinoCourt of Appeals for the Seventh Circuit · 1993
- United States v. Rico, Appeal of Elizabeth Baron, A/K/A "Yolanda Mercado"Court of Appeals for the Second Circuit · 1990
- Warner v. United StatesDistrict Court, E.D. Arkansas · 1996
7 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- United States of America v. Modesto GonzalezCourt of Appeals for the Fifth Circuit · 2001
- United States of America, Appellee-Cross-Appellant v. Benjamin Gary Triestman, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1999
- United States v. Townsend, DerrickCourt of Appeals for the D.C. Circuit · 1999
- United States v. Cristobal CervantesCourt of Appeals for the Fifth Circuit · 2013
- United States v. Richard HigginsCourt of Appeals for the Fifth Circuit · 2014
31 more not listed; retrieve them via the Exa API.