USA vs. Guillen, (5th Cir. 2003)
Linked as:
Text
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. United States Court of Appeals Fifth Circuit FILED May 16, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 01-50367 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellant, versus SALVADOR BEJARANO GUILLEN, also known as Salvator Bejaraao Guillen, Defendant-Appellee. Appeal from the United States District Court for the Western District of Texas USDC No. A-98-CR-222-1 Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: * The Government appeals from the district court§ 2255 motion filed by Salvador Bejarano Guillen, federal prisoner # 84750-080. The district court retroactively applied Apprendi v. New Jersey , 530 U.S. 466 (2000), in granting Guillen 28 U.S.C. § 2255 relief and in reducing his sentence.
We have held that Apprendi § 2255 motions.” See United States v. Brown , 305 F.3d 304, 306-10 (5th Cir. 2002). The district court, acting without the benefit of Brown , did not have the authority to correct GuillenÂ’s sentence pursuant to Apprendi . The judgment of the district court is VACATED and the case is REMANDED for imposition of the original sentence.
GuillenÂ’s motion for the appointment of counsel is DENIED.
No. 01-50367
Sponsored links
This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2255 - Sec. 2255. Federal custody; remedies on motion attacking sentence
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Thomas Charles Brown, Aka Big One, Defendant-Appellant., 305 F.3d 304 (5th Cir. 2002)
- U.S. Supreme Court - Apprendi v. New Jersey, 530 U.S. 466 (2000)
See other documents that cite the same legislation
