Legal Opinion

United States v. Hamilton

Court of Appeals for the Tenth Circuit

Decided May 4, 2018No. 17-5035PublishedCited by 19 opinions

1Opinion of the Court

BACHARACH, Circuit Judge.

This appeal grew out of the sentencing of Mr. Raymond Hamilton for possession of a firearm after a felony conviction. See 18 U.S.C. 922(g)(1). Mr. Hamilton was sentenced to 190 months' imprisonment under the Armed Career Criminal Act (ACCA) based in part on three Oklahoma convictions for second-degree burglary. Mr. Hamilton moved to vacate his sentence under 28 U.S.C. § 2255 , arguing that the district court had improperly applied a mandatory minimum based on the ACCA's unconstitutional Residual Clause. The district court granted the motion and resentenced Mr.…

Also in this document: Concurrence.

2Cases cited35 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Mathis v. United StatesSupreme Court of the United States · 2016
  5. Descamps v. United StatesSupreme Court of the United States · 2013

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3Cited by19 opinions

  1. United States v. DriscollCourt of Appeals for the Tenth Circuit · 2018
  2. United States v. LewisCourt of Appeals for the Tenth Circuit · 2018
  3. United States v. BrownCourt of Appeals for the Tenth Circuit · 2020
  4. Lujan-Jimenez v. SessionsCourt of Appeals for the Tenth Circuit · 2018
  5. United States v. WilkinsCourt of Appeals for the Tenth Circuit · 2022

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

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