Legal Opinion
Duncan v. United States
Court of Appeals for the Sixth Circuit
Decided January 9, 2009No. 06-5021PublishedCited by 21 opinions
1Opinion of the CourtMartin, J., joined by Daughtrey, J.,
BATCHELDER, J. (p. 447), delivered a separate opinion concurring in the result.
OPINION
BOYCE F. MARTIN, JR., Circuit Judge.
This case presents the question whether the Supreme Court’s decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), applies retroactively on collateral review to sentences imposed before Booker but after the Court decided Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We hold that it is not retroactive and therefore affirm petitioner Darryl Duncan’s sentence.
In 2002, Duncan was stopped by an officer who knew…
2Cases cited23 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Teague v. LaneSupreme Court of the United States · 1989
18 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. LockridgeMichigan Supreme Court · 2015
- Wooten v. CauleyCourt of Appeals for the Sixth Circuit · 2012
- United States v. JohnsonCourt of Appeals for the Sixth Circuit · 2009
- Ricky Jones v. United StatesCourt of Appeals for the Sixth Circuit · 2012
- United States v. Chang HongCourt of Appeals for the Tenth Circuit · 2011
16 more not listed; retrieve them via the Exa API.