Case Citator › United States v. Calvin Wayne Buckland

United States v. Calvin Wayne Buckland

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Ninth Circuit
Citation
289 F.3d 558
Decided
Confirmed treatments
1
Flagged citations read
93 of 93
Citing cases (total)
405
Treatment dates
2003
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. United States v. Calvin Wayne Buckland is limited among the reviewed cases: all 93 flagged citations have been read, with one confirmed treatment listed below. United States v. Guerrero held that Buckland does not apply retroactively on collateral review.
More on how this was screened

The other opinions applied Buckland, reported Buckland's own overruling of earlier Ninth Circuit decisions, or rejected arguments that Harris or Booker displaced it.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

405 later cases cite United States v. Calvin Wayne Buckland; 93 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Ninth Circuit held that Buckland does not apply retroactively on collateral review because it applies Apprendi's new procedural rule.

    United States v. Guerrero · Ninth Circuit · filed

    Guerrero also contends that our decision in United States v. Buckland 289 F.3d 558 (9th Cir.) (en banc), cert. denied 535 U.S. 1105, 122 S.Ct. 2314, 152 L.Ed.2d 1067 (2002), should be applied retroactively. Buckland however, is an application of Apprendi’s new rule of constitutional criminal procedure, and, as is the case with Apprendi itself, is not to be applied retroactively on collateral review.
    Read the full opinion on CourtListener →

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