Legal Opinion

United States v. Martinez-Hernandez

Court of Appeals for the Eighth Circuit

Decided January 29, 2010No. 09-1420PublishedCited by 6 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Sergio Martinez-Hernandez pled guilty to transporting his 11-year-old stepdaughter from Arkansas to Florida to engage in sexual activity. He is already serving a 20-year state sentence for the attempted sexual battery of his step-daughter in Florida. At federal sentencing, the district court1 applied a four-level enhancement because Martinez-Hernandez abducted his victim. See U.S.S.G. § 2A3.1(b)(5). The court sentenced him to 235 months (plus 10 days), the bottom of the applicable guideline range. The federal sentence runs concurrent with the (longer) state sentence,…

2Cases cited5 opinions

  1. United States v. Richard RomeroCourt of Appeals for the Seventh Circuit · 1999
  2. United States v. Gary SaknikentCourt of Appeals for the Eighth Circuit · 1994
  3. United States v. John T. HefferonCourt of Appeals for the Fifth Circuit · 2002
  4. United States v. William A. BeithCourt of Appeals for the Seventh Circuit · 2005
  5. United States v. MillerCourt of Appeals for the Eighth Circuit · 2009

3Cited by6 opinions

  1. United States v. Otis Mays, Jr.Court of Appeals for the Eighth Circuit · 2021
  2. United States v. Davis-BeyCourt of Appeals for the Eighth Circuit · 2010
  3. United States v. GarciaCourt of Appeals for the Eighth Circuit · 2010
  4. United States v. CarterCourt of Appeals for the Eighth Circuit · 2011
  5. United States v. CarterCourt of Appeals for the Eighth Circuit · 2011

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