Cases

This opinion is subject to administrative correction before final disposition. Before GASTON, HOUTZ, and MYERS Appellate Military Judges _________________________ UNITED STATES Appellee v. Robert C. HERRING Private (E-1), U.S. Marine Corps

EBEL, Circuit Judge. Lawrence Herring appeals from the denial by the district court of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. We granted a certificate of appealability to determine whether the district court erred in denying, without a hearing, Herring's claim that his tria

Affirmed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: William Herring appeals the district court’s order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a reduction in his sentence based on Amendment 750 to the U.S. Sentencing Guidelines Manual (2011). We have reviewed the record and hold the district court

492 F.3d 1212 (2007) UNITED STATES of America, Plaintiff-Appellee, v. Bennie Dean HERRING, Defendant-Appellant. No. 06-10795. United States Court of Appeals, Eleventh Circuit. July 17, 2007. *1213 Ronald W. Wise (Court-Appointed), Montgomery, AL, for Herring. Verne H. Speirs, Montgomery, AL, for U.S. Before CARNES,

MEMORANDUM ** A jury found Herring guilty of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Herring appeals from the district court’s judgment of conviction and imposition of a sentence. The district court had jurisdiction pursuant to 18 U.S.C. § 3231, and we have jurisdiction pursuant to 28 U.S.C. § 1291. In this memorandum disposition, we affirm Herring’s conviction. We w

451 F.Supp.2d 1290 (2005) UNITED STATES of America v. Bennie Dean HERRING. Criminal Action No. 1:05cr161-T (WO). United States District Court, M.D. Alabama, Southern Division. October 26, 2005. Bennie Dean Herring, Montgomery, AL, Pro Se Defendant. Verne H. Speirs, U.S. Attorney's Office, Montgomery, AL, for Plaintiff.

SUPPLEMENTAL MEMORANDUM ** We previously affirmed Herring’s conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). See United States v. Herring, 133 Fed.Appx. 385 (9th Cir.2005). We now address his challenges to his sentence. We affirm in part and remand in part. We review both the interpretation and the constitutionality of a Sentencing Guideline de novo.

MEMORANDUM * Appellant’s argument — that there was insufficient evidence as a matter of law to sustain his conviction under 18 U.S.C. § 924(c) for carrying a weapon during and in relation to a drug sale — is foreclosed by the Supreme Court’s interpretation of “carry.” See Muscarello v. United States, 524 U.S. 125, 137, 118 S.Ct. 1911, 141 L.Ed.2d 111 (1998); see also United States v. Medinar-C

35 F.Supp.2d 1253 (1999) UNITED STATES of America, Plaintiff, v. Ervan Ronnell HERRING, Defendant. No. CR 98-317-JO. United States District Court, D. Oregon. February 10, 1999. *1254 Ellen C. Pitcher, Federal Public Defender, Portland, OR, for Ervan Ronnell Herring. Fredric N. Weinhouse, U.S. Attorneys Office, Portland, OR

41 F.3d 667 U.S.v.Herring*** NO. 91-3329United States Court of Appeals,Eleventh Circuit. Nov 14, 1994 1 Appeal From: M.D.Fla., No. 88-00376-CR-T-13 2 AFFIRMED.

51 F.3d 1048 U.S.v.Herring NO. 93-2373 United States Court of Appeals,Eleventh Circuit. Mar 31, 1995 Appeal From: N.D.Fla., No. 92-04039-TCR 1 AFFIRMED AND REVERSED.

966 F.2d 678 U.S.v.Herring (Bobby Hugh), Holley (Geraldine Sims), a/k/a Holley(Tokie), Taylor (Elmer Frank), Wilkerson (Thomas Jan), a/k/aWilkerson (Tommy), Hatley (Charles Anthony), Hatley (Tony),a/k/a Rat, Meyers (Lamont Lawrence), Igo (James Michael),a/k/a Igo (Mike), Carter (Robert Joseph), Carter (Buddy),Morrison (Leon Robert), a/k/a Morrison (Bobby), Ruff (JackWarren), a/k/a Whitley, Hooks (Robert Alex), a/k/a

995 F.2d 236 U.S.v.Herring** NO. 91-7377 United States Court of Appeals,Eleventh Circuit. June 02, 1993 1 Appeal From: M.D.Ala. 2

HATCHETT, Circuit Judge: After reviewing this criminal case in which the issues were hotly contested, we affirm the convictions and the sentences because the district court did not err in its rulings, and the prosecutor’s activities did not constitute misconduct requiring a new trial. I. FACTS On December 20, 1987, FBI agents executed sixteen search warrants in the Mobile, Alabama, and

955 F.2d 703 UNITED STATES of America, Plaintiff-Appellee,v.Bobby Hugh HERRING, Geraldine, Sims Holley, a/k/a TokieHolley, Elmer Frank Taylor, Thomas Jan Wilkerson, a/k/aTommy Wilkerson, Charles Anthony Hatley, a/k/a Tony Hatley,a/k/a Rat, Lamont Lawrence Meyers, James Michael Igo, a/k/aMike Igo, Robert Joseph Carter, a/k/a Buddy Carter, LeonRobert Morrison, a/k/a Bobby Morrison, Jack Warren Ruff,a/k/a Whitey, Robert

JONES, Judge: Pursuant to his pleas, appellant was convicted of drunk driving and several uses and distributions of cocaine in violation of Articles 111 and 112a, Uniform Code of Military Justice, 10 U.S.C. §§ 911, 912a. The military judge sitting alone as the special court-martial sentenced appellant to confinement for three months, forfeiture of $300.00 pay per month for three months, reduction to pay grade E-l, and a bad-

917 F.2d 568 U.S.v.Herring** NO. 89-3855 United States Court of Appeals,Eleventh Circuit. SEP 28, 1990 1 Appeal From: M.D.Fla. 2

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Fisher, Associate Judge: After otherwise affirming appellant Jacob Herring’s convictions on direct appeal, we remanded with instructions to merge his two convictions for possession of a firearm during a crime of violence (“PFCV”). On remand, the trial court amended the judgment and commitment order by removing the consecutive PFCV count, but it retained a

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.