Legal Opinion

United States v. Mack

District Court, D. Nevada

Decided February 18, 2015No. Case No. 2:12-cr-00186-APG-CWHPublished

1Opinion of the Court

Order Denying Government’s Motion for Reconsideration

ANDREW P. GORDON, District Judge.

I pronounced sentence on defendant Jontue Mack on February 4, 2015. During my sentencing, I ruled that Mack’s two prior Nevada convictions under NRS 205.067 (for home invasion) did not qualify as “crimes of violence” under the United States Sentencing Guidelines. I reasoned that NRS 205.067 criminalizes negligent or reckless behavior, and that I could not say convictions under this statute are typically the sort of “purposeful, violent, and aggressive” crimes that trigger the “crime of violence” definition…

2Cases cited29 opinions

  1. Begay v. United StatesSupreme Court of the United States · 2008
  2. Sykes v. United StatesSupreme Court of the United States · 2011
  3. United States v. Alfredo Gracidas-UlibarryCourt of Appeals for the Ninth Circuit · 2000
  4. United States v. WilliamsCourt of Appeals for the Eighth Circuit · 2008
  5. United States v. McMurrayCourt of Appeals for the Sixth Circuit · 2011

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