Legal Opinion

United States v. Wayland Hinkle

Court of Appeals for the Fifth Circuit

Decided August 11, 2016No. 15-10067PublishedCited by 135 opinions

1Opinion of the Court

PRISCILLA R. OWEN, Circuit Judge:

Wayland Demond Hinkle appeals his sentence, contending that the district court erred in determining that he was a career offender within the meaning of § 4Bl.l(a) of United States Sentencing Guidelines. 1 Hinkle argues that neither of his prior Texas convictions, one for burglary and the other for delivery of a controlled substance, constitutes a predicate offense under the career-offender guidelines provi sion. Our decision turns upon whether the particular Texas statutes at issue are divisible such that a court may use the modified categorical approach to…

2Cases cited21 opinions

  1. Mathis v. United StatesSupreme Court of the United States · 2016
  2. Descamps v. United StatesSupreme Court of the United States · 2013
  3. United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005
  4. Ferguson v. StateCourt of Criminal Appeals of Texas · 1981
  5. Lopez v. StateCourt of Criminal Appeals of Texas · 2003

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3Cited by135 opinions

  1. United States v. Dantana TanksleyCourt of Appeals for the Fifth Circuit · 2017
  2. United States v. Curtis HowellCourt of Appeals for the Fifth Circuit · 2016
  3. United States v. Osman ReyesCourt of Appeals for the Fifth Circuit · 2017
  4. In re ConzelmannCourt of Appeals for the Sixth Circuit · 2017
  5. United States v. Don ShepherdCourt of Appeals for the Fifth Circuit · 2017

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

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