Legal Opinion
Darity v. United States
District Court, W.D. North Carolina
Decided December 4, 2000No. Civ. 1:00CV168, No. 1:95CR132-1PublishedCited by 23 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
THORNBURG, District Judge.
THIS MATTER is before the Court on the Petitioner’s motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. The Government has responded and moved to dismiss the petition. For the reasons stated herein, the undersigned vacates in part the Petitioner’s sentence.
I. PROCEDURAL HISTORY
Petitioner was indicted on December 5, 1995, and charged with conspiracy to manufacture and distribute cocaine base. Bill of Indictment, filed December 5, 1995. The Government filed a Bill of Information alleging that the conspiracy involved…
2Cases cited46 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Murray v. CarrierSupreme Court of the United States · 1986
- Teague v. LaneSupreme Court of the United States · 1989
41 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. Sean Lamar Sanders, A/K/A Sean Lamont SandersCourt of Appeals for the Fourth Circuit · 2001
- Poole v. StateCourt of Criminal Appeals of Alabama · 2002
- In Re: Carnell TurnerCourt of Appeals for the Third Circuit · 2001
- Clark v. StateNorth Dakota Supreme Court · 2001
- Levan v. United StatesDistrict Court, E.D. Pennsylvania · 2001
18 more not listed; retrieve them via the Exa API.