Legal Opinion

United States v. Carlos Gregorio Martinez, AKA Carlos Martinez Estrada

Court of Appeals for the Ninth Circuit

Decided March 7, 1995No. 93-50803PublishedCited by 44 opinions

1Opinion of the Court

WILLIAM A. NORRIS, Circuit Judge:

Carlos Gregorio Martinez appeals his convictions for armed carjacking, 18 U.S.C. § 2119, using or carrying a firearm during commission of a crime of violence, 18 U.S.C. § 924(c)(1), and being an armed career criminal, 18 U.S.C. § 924(e).

On appeal, Martinez argues that: (1) the Anti-Car Theft Act, 18 U.S.C. § 2119, was enacted in violation of the commerce clause; (2) section 2119 is void for vagueness and ambiguity; (3) section 2119 requires specific rather than general intent for conviction; (4) the imposition of consecutive sentences under section 924(c)(1)…

2Cases cited47 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  3. Kolender v. LawsonSupreme Court of the United States · 1983
  4. Missouri v. HunterSupreme Court of the United States · 1983
  5. Whalen v. United StatesSupreme Court of the United States · 1980

42 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. United States v. Kevin Bishop, United States of America v. Edward StokesCourt of Appeals for the Third Circuit · 1995
  2. Easyriders Freedom F.I.G.H.T. v. HanniganCourt of Appeals for the Ninth Circuit · 1996
  3. United States v. Donovan Dwayne Oliver Darryl Lee McMillan Nathaniel JonesCourt of Appeals for the Ninth Circuit · 1995
  4. San Diego County Gun Rights Committee v. RenoCourt of Appeals for the Ninth Circuit · 1996
  5. United States v. WilliamsCourt of Appeals for the Eleventh Circuit · 1995

39 more not listed; retrieve them via the Exa API.

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