Legal Opinion
United States v. Martinez-Cruz
Court of Appeals for the Tenth Circuit
Decided September 12, 2016No. 15-2167PublishedCited by 14 opinions
1Opinion of the Court
EBEL, Circuit Judge.
INTRODUCTION
This case involves one narrow, but complicated, issue. Jesus Domingo Martinez-Cruz challenges the district court’s twelve-level enhancement of his sentence under United States Sentencing Guideline (the Guidelines) § 2L1.2 Application Note 5 for his previous conviction for Conspiracy to Possess a Controlled Substance with Intent to Distribute in Violation of 21 U.S.C. § 846. Martinez-Cruz contends that this was error, because Application Note 5 uses the term “conspiring” without defining it, thus the categorical approach should apply. Because the generic…
2Cases cited14 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. ShabaniSupreme Court of the United States · 1994
- United States v. Juan Martinez-LugoCourt of Appeals for the Fifth Circuit · 2015
- United States v. David Lawrence Wilson, AKA David v. HunterCourt of Appeals for the Tenth Circuit · 1993
- United States v. Xochitl Garcia-SantanaCourt of Appeals for the Ninth Circuit · 2014
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. Martez SmithCourt of Appeals for the Seventh Circuit · 2021
- United States v. Taison McCollumCourt of Appeals for the Fourth Circuit · 2018
- United States v. Thomas NormanCourt of Appeals for the Fourth Circuit · 2019
- United States v. Zimmian TabbCourt of Appeals for the Second Circuit · 2020
- United States v. Edward MerrittCourt of Appeals for the Eighth Circuit · 2019
9 more not listed; retrieve them via the Exa API.