Legal Opinion
United States v. Nelson Raymond Fernandez
Court of Appeals for the Ninth Circuit
Decided February 16, 1979No. 77-3992PublishedCited by 5 opinions
1Opinion of the Court
CHOY, Circuit Judge:
Fernandez appeals from his resentencing to six months imprisonment for assault by striking, a violation of 18 U.S.C. § 113(d). We affirm.
I
As a result of his involvement in a barroom fight on the Colorado Indian Reservation, appellant Fernandez — a tribal police officer — was indicted for assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 113(f), 1153. Pursuant to a plea bargain, he pleaded guilty to the lesser offense of assault by striking.
Because of perceived inaccuracies in the presentence report, counsel for appellant prepared a memorandum…
2Cases cited6 opinions
- United States v. Alfred Esteban Azhocar, United States of America v. Alfred Esteban AzhocarCourt of Appeals for the Ninth Circuit · 1978
- Lawrence Leroy Farrow v. United StatesCourt of Appeals for the Ninth Circuit · 1978
- United States v. Wilber N. Olander, William Dolman, Denne M. Harrington, Gary D. Rondeau, Gerald L. Minnich, Arthur Schruder, and Roy D. WilsonCourt of Appeals for the Ninth Circuit · 1978
- Carvell v. United StatesCourt of Appeals for the Fourth Circuit · 1949
- Gil Munoz Leano v. United StatesCourt of Appeals for the Ninth Circuit · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. Robert A. MorganCourt of Appeals for the Ninth Circuit · 1979
- United States v. Brett C. KimberlinCourt of Appeals for the Seventh Circuit · 1982
- United States v. Martin S. WolfsonCourt of Appeals for the Ninth Circuit · 1980
- United States v. AveryCourt of Appeals for the Second Circuit · 2020
- United States v. Tobias AshleyCourt of Appeals for the Fourth Circuit · 1986