Simmons v. US

Citation130 S.Ct. 3455
Decision Date21 June 2010
Docket NumberNo. 09-676.,09-676.
PartiesJason Edward SIMMONS, petitioner, v. UNITED STATES.
CourtU.S. Supreme Court
OPINION TEXT STARTS HERE

On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of Carachuri-Rosendo v. Holder, 560 U.S. ___, 130 S.Ct. 2577, ___ L.Ed.2d ___ (2010).

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6 cases
  • U.S.A v. Simmons
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • February 16, 2011
    ...an enhanced sentence under 21 U.S.C. § 841(b)(1)(D). The case is before us after a remand from the Supreme Court. Simmons v. United States, 130 S. Ct. 3455 (June 21, 2010). In a previous unpublished per curiam opinion, we concluded that our decision in United States v. Harp, 406 F.3d 242 (4......
  • Bullock v. United States, 1:12-00138
    • United States
    • U.S. District Court — Middle District of Tennessee
    • February 20, 2013
    ...2009), and remanded the case to the Fourth Circuit for further consideration in light of Carachuri-Rosendo. See Simmons v. United States, 130 S.Ct. 3455 (2010). In a subsequent en banc decision, the Fourth Circuit held that the defendant's prior North Carolina conviction for non-aggravated,......
  • Wagner v. United States
    • United States
    • U.S. District Court — District of South Carolina
    • August 24, 2012
    ...I along with several other cases for the Fourth Circuit to "consider in light of Carachuri-Rosendo v. Holder." Simmons v. United States, 130 S. Ct. 3455 (2010). A panel of the Fourth Circuit reheard Simmons's case but concluded that "Carachuri-Rosendo is inapplicable" because Carachuri-Rose......
  • Jones v. United States
    • United States
    • U.S. District Court — Northern District of Georgia
    • July 18, 2012
    ...one year of the date of those decisions. See Carachuri-Rosendo, 130 S. Ct. at 2577 (decision rendered on June 14, 2010); Simmons v. United States, 130 S. Ct. 3455 (2010) (mem.) (decision vacating and remanding case to court of appeals rendered on June 21, 2010). Movant also has not shown th......
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