RICE v. RIVERA

Nos. 08-8191, 09-6001.

617 F.3d 802 (2010)

Timothy A. RICE, Petitioner-Appellant, v. M.L. RIVERA, Warden, Respondent-Appellee. Timothy A. Rice, Petitioner-Appellant, v. M.L. Rivera, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 7, 2010.


Attorney(s) appearing for the Case

ARGUED: Stephen Rawson , Duke University School of Law, Durham, North Carolina, for Appellant. Jeffrey Mikell Johnson , Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: James E. Coleman, Jr. , Sean E. Andrussier , Michael Gilles , Brian Kappel , James McKell , Duke University School of Law, Durham, North Carolina, for Appellant. W. Walter Wilkins , United States Attorney, Robert F. Daley, Jr. , Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.

Reversed and remanded with directions; authorization denied by published per curiam opinion.


OPINION

PER CURIAM:

In 1990, appellant Timothy Rice was convicted in the District of South Carolina of using a firearm during and in relation to a drug trafficking offense, in contravention of 18 U.S.C. § 924(c). In 2008, Rice sought habeas corpus relief, maintaining that his § 924(c) conviction had been rendered illegal by the Supreme Court's decision in Bailey v. United States, 516 U.S. 137, 116 S.Ct...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases