U.S. Court of Appeals for the Eighth Circuit
Mario Smith v. United States
This writing
- Type
- Dissent
- Filed
- July 18, 2019
- Case
- Mario Smith v. United States
- Case status
- Decided
Source No authoring judge could be established for this writing, either from provider metadata or from the signature line of the court's published opinion. Benchlight shows the gap rather than guessing at an author.
Opening text
The first passage of the document, as extracted by the source provider.
KELLY, Circuit Judge, dissenting. Today, the court leaves in place a sentence that all agree is unlawful; the statutory maximum sentence on Smith's ACCA count is 120 months' imprisonment, yet Smith received a sentence of 220 months. To do so, the court relies on the concurrent sentence doctrine. In my view, that doctrine is inapplicable here, so I respectfully dissent. Because Smith's § 2255 petit…
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Other writings in this case
| Type | Author | Filed |
|---|---|---|
| Opinion | Not attributed | July 18, 2019 |
| Opinion of the Court | Not attributed | July 18, 2019 |