(DOWNLOAD) "United States V. Pruitt" by Sixth Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

• Title: United States V. Pruitt
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 04, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

The five defendants in these consolidated appeals, Tobias M. Pruitt, Cory D. Evans, John Herbert Talley, Michael Clay, and Kelcey Tramayne Kendrick, raise a number of challenges to their respective convictions and sentences. The defendants were part of a drug conspiracy involving the sale of crack cocaine. Pruitt, Evans, Clay, and Kendrick pleaded guilty. In light of Bailey v. United States, 516 U.S. 137 (1995), all four of these defendants' convictions under 18 U.S.C. § 924(c) for carrying or using a firearm during and in relation to the drug conspiracy were vacated. Clay and Kendrick, however, had their sentences enhanced pursuant to U.S.S.G. § 2D1.1(B)(1) for possessing a firearm in connection with the drug conspiracy. These four defendants now raise various challenges to their sentences on appeal. Talley was convicted in a trial by jury and now appeals his conviction and sentence based on ineffective assistance of counsel, the application and constitutionality of 21 U.S.C. § 841(b), and a separate state law claim. For the reasons discussed below, we AFFIRM the convictions and sentences of all of the defendants; we do not, however, address the merits of defendant Talley's ineffective assistance of counsel claim.

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