Legal Opinion

United States v. Melucci

District Court, D. Rhode Island

Decided July 5, 1990No. Cr. No. 88-038 LPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

LAGUEUX, District Judge.

This matter is before this Court on inmate Louis W. Melucci’s motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. Melucci, as petitioner, challenges the sentence imposed on him by this Court. He contends that his sentence was illegal because the Court wrongfully used his prior state court felony conviction to increase his sentence pursuant to 21 U.S.C. § 841(b)(l)(B)(ii). Melucci asserts that Congress intended the enhancement provision to apply only to drug “kingpins.” He further argues that the enhancement provision…

2Cases cited22 opinions

  1. United States v. FradySupreme Court of the United States · 1982
  2. Johnson v. RobisonSupreme Court of the United States · 1974
  3. Garcia v. United StatesSupreme Court of the United States · 1985
  4. Schweiker v. WilsonSupreme Court of the United States · 1981
  5. Schlesinger v. BallardSupreme Court of the United States · 1975

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

3Cited by1 opinion

  1. Driscoll v. Karroo Land Co., Inc.Supreme Court of Rhode Island · 1991

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