United States v. Stapleton
Court of Appeals for the Fifth Circuit
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
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- United States v. Juan Carlos Ocampo and Luis Alfonso EscobarCourt of Appeals for the Seventh Circuit · 1989
- State v. RobinsonSupreme Court of Louisiana · 1981
- United States v. Dennis RodriguezCourt of Appeals for the Seventh Circuit · 1991
- State v. BonierSupreme Court of Louisiana · 1979
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3Cited by5 opinions
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- United States v. Richard WilliamsCourt of Appeals for the Fifth Circuit · 2020