United States v. Henry

Fifth Circuit Court of Appeals

Decided July 16, 1980.

Fifth Circuit Court of Appeals · decided 1980-07-16

2 counsel of record

Relies on Busic v. United States · Marshall v. Segona

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1980-07-16

How this case has been cited

Cited by 32 later decisions — most recently June 2023 · most notably Rose v. Batson, BankAtlantic v. Blythe Eastman Paine Webber, Inc. (1994)

4 federal appellate · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Fred L. Banks, Jr., Jackson, Miss., for Henry.

¶2James B. Tucker, Asst. U. S. Atty., Jackson, Miss., William G. Otis, Atty., Patty Merkamp Stemler, Dept, of Justice, Washington, D. C., for the U. S.

¶3Before COLEMAN, Chief Judge, BROWN, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJO-FLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POL-ITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON and THOMAS A. CLARK, Circuit Judges.*

¶5PER CURIAM:

¶6Considering the decision of the United States Supreme Court in Busic v. United States, - U.S.-, 100 S.Ct. 1747, 64 L.Ed.2d 381, (1980), the sentence is vacated and the case is remanded to the district court for further proceedings consistent with that decision.*