KIMBLE

v.

UNITED STATES

Citator

Cited By

• United States v. Bermingham, 855 F.2d 925 (2d Cir. 1988)
  …near the minimum under the new statute because Hill could then have argued that his sentence might have been at or near the lower minimum of the prior law, which was still applicable. Id. In Shaw v. Johnson, 786 F. 2d 993 (10th Cir.), cert. denied, 479 U.S. 843, 107 S.Ct. 154, 93 L.Ed.2d 95 (1986), the defendant challenged a sentence of life imprisonment that had been imposed by an Oklahoma jury. Shaw argued that he was entitled to resentencing because the jury had been instructed that the applicable sente…
• Carbray v. Champion, 905 F.2d 314 (10th Cir. 1990)
  …e Oklahoma Court of Criminal Appeals did exercise its discretion in determining the appropriate sentence to cure the prosecutorial misconduct that it found had occurred at the trial level. . Shaw v. Johnson, 786 F. 2d 993 (10th Cir.), cert. denied, 479 U.S. 843, 107 S.Ct. 154, 93 L.Ed.2d 95 (1986), is consistent with this approach because it may be viewed as a harmless-error case. In Shaw, the defendant was originally convicted and sentenced by a jury that had been erroneously instructed that the minimum s…