Legal Opinion

United States v. Stapleton

Court of Appeals for the Fifth Circuit

Decided February 16, 2006No. 05-30088PublishedCited by 5 opinions

1Opinion of the Court

DENNIS, Circuit Judge:

In this appeal from an enhanced sentence, the question is whether the Louisiana crime of false imprisonment while armed with a dangerous weapon under LA.Rev.Stat. Ann. § 14:46.1(A) is a violent felony under either the Force Clause or the Otherwise Clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e). 1 As interpreted by the Louisiana Supreme Court, “with a dangerous weapon” means either (1) with a loaded pistol anywhere on the offender’s person, whether displayed or concealed, or (2) with any other instrumentality, which, in the manner used is calculated or likely…

2Cases cited20 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. United States v. Juan Carlos Ocampo and Luis Alfonso EscobarCourt of Appeals for the Seventh Circuit · 1989
  3. State v. RobinsonSupreme Court of Louisiana · 1981
  4. United States v. Dennis RodriguezCourt of Appeals for the Seventh Circuit · 1991
  5. State v. BonierSupreme Court of Louisiana · 1979

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3Cited by5 opinions

  1. United States v. ChitwoodCourt of Appeals for the Eleventh Circuit · 2012
  2. United States v. DavisCourt of Appeals for the Fifth Circuit · 2007
  3. United States v. Andrew Jackson ChitwoodCourt of Appeals for the Eleventh Circuit · 2012
  4. United States v. Antonio LightfootCourt of Appeals for the Fourth Circuit · 2024
  5. United States v. Richard WilliamsCourt of Appeals for the Fifth Circuit · 2020

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