Legal Opinion

United States v. Timothy Miller

Court of Appeals for the Sixth Circuit

Decided January 11, 2006No. 04-5834, 04-6116PublishedCited by 11 opinions

1Opinion of the CourtDaughtrey, J., joined by Cole, J.,

BARZILAY, J. (pp. 824-826), delivered a separate dissenting opinion.

OPINION

DAUGHTREY, Circuit Judge.

In this sentencing appeal, we are asked to determine whether a sentence of proba*822tion under Georgia’s first-offender drug sentencing scheme constitutes a “prior conviction for a felony drug offense [that] has become final,” as provided in 21 U.S.C. § 841(b)(1)(A). The district court held that defendant Miller’s Georgia conviction triggered application of § 841(b)(1)(A), the effect of which was to double the mandatory minimum sentence for his federal conviction under § 841(a) from ten years to 20…

2Cases cited10 opinions

  1. Deal v. United StatesSupreme Court of the United States · 1993
  2. Dickerson v. New Banner Institute, Inc.Supreme Court of the United States · 1983
  3. United States v. CisnerosCourt of Appeals for the Fifth Circuit · 1997
  4. United States v. Lem HughesCourt of Appeals for the Sixth Circuit · 1991
  5. United States v. Darnell L. Walker (96-3073) William A. McKinley (96-3938)Court of Appeals for the Sixth Circuit · 1998

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. United States v. GrahamCourt of Appeals for the Sixth Circuit · 2010
  2. United States v. Mike CoffeltCourt of Appeals for the Sixth Circuit · 2014
  3. THOMASBoard of Immigration Appeals · 2007
  4. United States v. Rodolfo Suarez, Jr.Court of Appeals for the Ninth Circuit · 2012
  5. United States v. Sunnah MaddoxCourt of Appeals for the Sixth Circuit · 2014

6 more not listed; retrieve them via the Exa API.

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