Legal Opinion
Nohara v. United States
District Court, D. Hawaii
Decided January 24, 1997No. Criminal No. 92-00327 ACK; Civil No. 96-00773 ACKPublished
1Opinion of the Court
ORDER VACATING COUNT 3 AND TO RESENTENCE PETITIONER ON COUNTS 1 AND 2
KAY, Chief Judge.
BACKGROUND
On May 12, 1992, Petitioner was convicted by a jury of three counts: (1) distribution of methamphetamine; (2) possession with intent to distribute in excess of 10 grams of methamphetamine; and (3) use/earrying of a firearm in relation to a drug trafficking crime. Petitioner was sentenced on all three counts.
In 1995, the United States Supreme Court decided Bailey v. United States, — U.S. -, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), where the Court clarified the definition of use/carrying in Count 3 of…
2Cases cited25 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- United States v. Gilberto Giraldo, Andres Emilio Fermin, and Jose Angel TellezCourt of Appeals for the Second Circuit · 1996
- United States v. Shaun ThomasCourt of Appeals for the Eighth Circuit · 1996
- Robert Eugene Kennedy v. United StatesCourt of Appeals for the Ninth Circuit · 1964
- United States v. Lang, S.Court of Appeals for the Tenth Circuit · 1996
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