Legal Opinion
United States v. Timothy Dean Smith
Court of Appeals for the Ninth Circuit
Decided December 3, 2004No. 03-30533PublishedCited by 73 opinions
1Opinion of the Court
WALLACE, Senior Circuit Judge.
Smith appeals from his sentence because of the enhancement imposed by the district court pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). He contends the district court improperly relied on statements made at a no contest plea hearing in concluding that an earlier state burglary conviction qualifies as a “violent felony” for purposes of the ACCA. In addition, Smith asserts that the district court engaged in fact-finding which violated the constitutional principle established in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d…
2Cases cited22 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002
- United States v. Javier Rivera-Sanchez, A/K/A Jose SanchezCourt of Appeals for the Ninth Circuit · 2001
17 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
- United States v. VidalCourt of Appeals for the Ninth Circuit · 2007
- United States v. Luis Manuel Rodriguez-LaraCourt of Appeals for the Ninth Circuit · 2005
- Ireneo P. Parrilla v. Alberto R. Gonzales , Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- United States v. McMurrayCourt of Appeals for the Sixth Circuit · 2011
68 more not listed; retrieve them via the Exa API.