Legal Opinion

Randall Kirk Bell v. United States

Court of Appeals for the Eighth Circuit

Decided September 14, 1992No. 91-2584PublishedCited by 9 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

Randall Kirk Bell, a federal prisoner, appeals from the denial of his 28 U.S.C. § 2255 motion. He argues that the sentencing court improperly used a 1975 state conviction, for which he has had his civil rights restored, to enhance his sentence under 18 U.S.C. § 924(e)(1). We reverse and remand for resentencing.

In February 1989, a jury convicted Bell of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The government moved for an enhanced sentence pursuant to 18 U.S.C. § 924(e)(1), which imposes a mandatory minimum fifteen-year sentence on…

2Cases cited13 opinions

  1. Don Kirshner, and Schumaier, Roberts & McKinsey v. Uniden Corporation of AmericaCourt of Appeals for the Ninth Circuit · 1988
  2. United States v. James Ray ErwinCourt of Appeals for the Seventh Circuit · 1990
  3. United States v. Michael Lee DahmsCourt of Appeals for the Ninth Circuit · 1991
  4. United States v. Gregory S. BrebnerCourt of Appeals for the Ninth Circuit · 1991
  5. Manfred Lewis Estes v. United StatesCourt of Appeals for the Eighth Circuit · 1989

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

3Cited by9 opinions

  1. United States v. Gary Lee WindCourt of Appeals for the Eighth Circuit · 1993
  2. United States v. Norman Ray WoodallCourt of Appeals for the Eighth Circuit · 1997
  3. Alvin Floyd Thompson v. United StatesCourt of Appeals for the Eighth Circuit · 1993
  4. UNITED STATES of America, Plaintiff-Appellee, v. John KELLY III, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
  5. United States v. TankersleyDistrict Court, D. Nebraska · 2003

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

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