United States v. Oliver, 148 F.3d 1274 (11th Cir. 1998). · Go Syfert
United States v. Oliver, 148 F.3d 1274 (11th Cir. 1998). Cases Citing This Book View Copy Cite
34 citation events (34 in the last 25 years) across 2 distinct courts.
Strongest positive: Robert McKinnon, III v. Warden, Holmes CI (ca11, 2024-06-17)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
cited Cited as authority (rule) Robert McKinnon, III v. Warden, Holmes CI
11th Cir. · 2024 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir. 1998).
cited Cited as authority (rule) Michael D. Lynch v. Ocwen Loan Servicing, LLC
11th Cir. · 2023 · confidence medium
“We review de novo questions concerning the jurisdiction of the district court.” United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Nolan Nathaniel Edwards
11th Cir. · 2021 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir. 1998); United States v. Rojas, 718 F.3d 1317, 1319 (11th Cir. 2013). 5 USCA11 Case: 19-13366 Date Filed: 05/13/2021 Page: 6 of 13 Chapter 227, titled “Sentences,” comprises separate subchapters on “Imprisonment,” “Probation,” and “Fines.” That mismatch tees up the following question: Is the First Step Act self- executing, such that a defendant can proceed under it directly, or must a defendant seeking First Step Act relief do so (as many do) in conjunction with, and through, § 3582(c)(1)(B)?
cited Cited as authority (rule) Pablo Emiliano Suescun v. United States
11th Cir. · 2019 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir. 1998).
cited Cited as authority (rule) Torie Cross v. United States
11th Cir. · 2018 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir. 1998) (per curiam).
cited Cited as authority (rule) United States v. Kevin Hickey
11th Cir. · 2018 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Kevin Denard Rozier
11th Cir. · 2017 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Samuel Knowles
11th Cir. · 2017 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Miguel Angel Pineda-Nunez
11th Cir. · 2016 · confidence medium
“We review de novo questions concerning the jurisdiction of the district court.” United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Ronald Larose
11th Cir. · 2015 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998).
cited Cited as authority (rule) Abel Diaz v. United States
11th Cir. · 2014 · confidence medium
“We review de novo questions concerning the jurisdiction of the district court.” United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998) (per curiam).
cited Cited as authority (rule) United States v. Franklin Lamar Kellogg
11th Cir. · 2012 · confidence medium
Id. at 1275.
cited Cited as authority (rule) United States v. Seth Jerchower
11th Cir. · 2012 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998).
discussed Cited as authority (rule) United States v. John Cole
11th Cir. · 2012 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998). “[Ajside from the specific parameters set forth by the federal statutory provisions controlling sentencing, as well as the Federal Rules of Criminal Procedure,” district courts do not have the authority to modify a sentence.
discussed Cited as authority (rule) United States v. Nicholas Mauricio Rivas-Gomez
11th Cir. · 2012 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir. 1998).2 Article III of the United States Constitution limits the judicial power of the federal courts to “cases” and “controversies.” Flast v. Cohen, 88 S.Ct. 1942, 1949 (1968).
discussed Cited as authority (rule) United States v. Nicholas Mauricio Rivas-Gomez
11th Cir. · 2012 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998). 2 Article III of the United States Constitution limits the judicial power of the federal courts to “cases” and “controversies.” Flast v. Cohen, 392 U.S. 83 , 88 S.Ct. 1942, 1949 , 20 L.Ed.2d 947 (1968).
cited Cited as authority (rule) United States v. William Scott Hames
11th Cir. · 2011 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998).
cited Cited as authority (rule) United States v. Catalano
11th Cir. · 2011 · confidence medium
“We review de novo questions concerning the jurisdiction of the district court.” United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998).
cited Cited as authority (rule) United States v. Phillips
11th Cir. · 2010 · confidence medium
“We review de novo questions concerning the jurisdiction of the district court.” United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998).
cited Cited as authority (rule) Edward J. Zakrzewski, II v. James McDonough
11th Cir. · 2007 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998) (per curiam).
cited Cited as authority (rule) United States v. Lorenzo E. Flint, Jr.
11th Cir. · 2006 · confidence medium
United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998) (per curiam).
cited Cited as authority (rule) Ruben Lee Russell El-Amin v. United States
11th Cir. · 2006 · confidence medium
Additionally, we “review de novo questions concerning the jurisdiction of the district court.” United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998).
cited Cited as authority (rule) United States v. Jorge Luis Benitez
11th Cir. · 2006 · confidence medium
However, “we review de novo questions concerning the jurisdiction of the district court.” United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998) (per curiam).
discussed Cited as authority (rule) United States v. Michael Klopf
11th Cir. · 2005 · confidence medium
Based upon " ‘the interdependence of the multiple counts for sentencing purposes,’ ” we have upheld a longer Sentencing Guidelines sentence at resentencing because "a district court had jurisdiction to recalculate a defendant's entire sentence and ... such re-sentencing did not defeat the defendant’s double jeopardy rights nor expectations of finality.” United States v. Oliver, 148 F.3d 1274, 1274 (11th Cir.1998) (citation omitted).
cited Cited "see" United States v. Samir S. Najjar
11th Cir. · 2002 · signal: see · confidence high
See United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998).
discussed Cited "see, e.g." United States v. Charles Andrew Fowler
11th Cir. · 2014 · signal: see also · confidence medium
We held that with guidelines sentences where one or more counts of conviction are set aside in a § 2255 proceeding, the district *1017 court has the authority to resentence the defendant on the remaining counts of conviction, provided that those counts were “interdependent” with the set aside ones, resulting in what could be viewed as “an aggregate sentence.” Mixon, 115 F.3d at 903 (quotation marks omitted); see also United States v. Oliver, 148 F.3d 1274, 1275 (11th Cir.1998).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Johnnie D. OLIVER, Edna Palmer Oliver, Defendants-Appellants
96-7105.
Court of Appeals for the Eleventh Circuit.
Aug 5, 1998.
148 F.3d 1274
John W. Focke, II, Fed. Defender, Montgomery, AL, for Defendants-Appellants., C. Redding Pitt, Artur Davis, U.S. Attys., Montgomery, AL, for Plaintiff-Appellee.
Godbold, Hill, Fay.
Cited by 27 opinions  |  Published
PER CURIAM:

Edna Oliver appeals her 164-month sentence for conspiracy to possess with intent to distribute cocaine base, 21 U.S.C. §§ 841 and 846, possession of cocaine base with intent to distribute, 21 U.S.C. § 841(a)(1), and possession of a firearm by a convicted felon, 18 U.S.C. § 922(g)(1). Johnnie Oliver appeals his 121-month sentence for conspiracy to possess with intent to distribute cocaine base, 21 U.S.C. §§ 841 and 846, possession of cocaine base with intent to distribute, 21 U.S.C. § 841(a)(1), and distribution of cocaine base, 21 U.S.C. § 841(a)(1).

The Olivers had successfully argued in their motions to vacate, 28 U.S.C. § 2255, that their convictions under 18 U.S.C. § 924(e) were invalid in light of the Supreme Court’s decision in Bailey v. United States, 516 U.S. 137, 142-43, 116 S.Ct. 501, 505, 133 L.Ed.2d 472 (1995). The district court ordered that the Olivers be resentenced in order to determine whether their sentences should be enhanced under U.S.S.G. § 2D1.1(b)(1), which provides a two-level enhancement for possession of a firearm during the commission of a drug offense. At sentencing, the district court applied the § 2Dl.l(b)(l) enhancements to the Olivers’ offense levels. On appeal, the Olivers argue that the district court lacked jurisdiction to resentence them.

We review de novo questions concerning the jurisdiction of the district court. See e.g., United States v. Perez, 956 F.2d 1098, 1101 (11th Cir.1992).

Upon review of the relevant caselaw, and consideration of the parties’ briefs, we find no reversible error.

Appellants’ arguments are foreclosed by this Court’s holding in United States v. Mixon, 115 F.3d 900 (11th Cir.1997). In Mixon, 115 F.3d at 901-02, as here, the defendant received a longer guideline sentence at resentencing, after his firearm conviction was vacated pursuant to Bailey. This Court held that, “based on the broad language of § 2255 and the interdependence of the multiple counts for sentencing purposes,” a district court had jurisdiction to recalculate a defendant’s entire sentence and that such resentencing did not defeat the defendant’s double jeopardy rights nor expectations of finality. Mixon, 115 F.3d at 903.

This Court’s decision in United States v. Rosen, 764 F.2d 763 (11th Cir.1985), cert. denied, 474 U.S. 1061, 106 S.Ct. 806, 88 L.Ed.2d 781 (1986), is not in opposition to its decision in Mixon. Rosen was a pre-guide-lines case and the language cited by the Olivers was dicta. See United States v. White, 980 F.2d 1400, 1401 n. 2 (11th Cir.l993)(rejecting otherwise precedential authority because the issue was considered in dicta in a pre-guidelines case); see also Rosen, 764 F.2d at 763-66. Because it was a pre-guidelines case, the Rosen Court could not have considered the unique relationship between 18 U.S.C. § 924(c) and U.S.S.G. § 2D1.1(b)(1). Because the district court had jurisdiction to resentence the Olivers on their unchallenged counts following their successful collateral attacks on their convictions under 18 U.S.C. § 924(c), we affirm.

AFFIRMED.