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Holloway v. United States of

MEMORANDUM REGARDING THE VACATUR OF TWO CONVICTIONS UNDER18 U.S.C. § 924

9 Cited authorities

  1. Holloway v. United States

    526 U.S. 1 (1999)   Cited 342 times   2 Legal Analyses
    Holding that conditional intent satisfies mens rea requirement of § 2119

  2. United States v. Diaz

    11-CR-00821-2 (JG) (E.D.N.Y. Jan. 28, 2013)   Cited 22 times
    Advocating policy disagreement departures from Guidelines as part of constructive dialogue with Congress and Sentencing Commission

  3. United States v. Dossie

    851 F. Supp. 2d 478 (E.D.N.Y. 2012)   Cited 17 times
    Discussing the origin and intent of the mandatory minimums

  4. United States v. Kupa

    976 F. Supp. 2d 417 (E.D.N.Y. 2013)   Cited 15 times
    Discussing these now-prohibited uses of 851 enhancements

  5. U.S. v. Arnold

    126 F.3d 82 (2d Cir. 1997)   Cited 23 times   2 Legal Analyses
    Finding that "[f]rial counsel's strategy to concede the other elements of the offense [and pursue a defense focused on lack of specific intent] was reasonable in light of the overwhelming evidence in the case, e.g. [a government cooperator's] testimony that [defendant] assisted him in the carjackings, several victims' identification of [defendant], and [defendant's] own confession."

  6. U.S. v. Mayo

    05 CR 43 (JG) (E.D.N.Y. May. 20, 2008)   Cited 3 times

    05 CR 43 (JG). May 20, 2008 BRUCE REGENSTREICH, New York, New York, Attorney for Defendant. BENTON J. CAMPBELL, United States Attorney, Eastern District of New York, Brooklyn, New York, By: Lee Freedman, Assistant U.S. Attorney. MEMORANDUM AND ORDER JOHN GLEESON, District Judge On May 5, 2006, Ronald Mayo was sentenced to a 200-month term of imprisonment on his plea of guilty to conspiring to distribute narcotics. When he was sentenced, his advisory Sentencing Guidelines range was 188 to 235 months

  7. Section 2255 - Federal custody; remedies on motion attacking sentence

    28 U.S.C. § 2255   Cited 129,029 times   129 Legal Analyses
    Adopting one-year limitations period for §2255 motions

  8. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,280 times   186 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)

  9. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,381 times   143 Legal Analyses
    Granting relief from the operation of a judgment