Legal Opinion

United States v. McENRY

Court of Appeals for the Ninth Circuit

Decided October 13, 2011No. 10-10433PublishedCited by 43 opinions

1Opinion of the Court

OPINION

TASHIMA, Circuit Judge:

Michael McEnry (“McEnry”) was convicted, on a plea of guilty, of serving as an airman without an airman’s certificate, in violation of 49 U.S.C. § 46306(b)(7). He appeals from his sentence on the ground that the district court procedurally erred by sentencing him pursuant to U.S.S.G. § 2A5.2, rather than U.S.S.G. § 2B1.1. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we vacate the sentence and remand for resentencing.

I

On January 5, 2009, McEnry landed a Cessna 210F aircraft at the Eastern Sierra Regional Airport in Bishop, California. The…

2Cases cited28 opinions

  1. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  2. Smith v. MarshCourt of Appeals for the Ninth Circuit · 1999
  3. United States v. NicholsCourt of Appeals for the Tenth Circuit · 1999
  4. United States v. Jesus Adrian Beng-SalazarCourt of Appeals for the Ninth Circuit · 2006
  5. United States v. Carmen Denise HerediaCourt of Appeals for the Ninth Circuit · 2007

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

3Cited by43 opinions

  1. Mohamed Sabra v. Maricopa County Community CollCourt of Appeals for the Ninth Circuit · 2022
  2. United States v. James LloydCourt of Appeals for the Ninth Circuit · 2015
  3. Hooks Ex Rel. National Labor Relations Board v. Kitsap Tenant Support Services, Inc.Court of Appeals for the Ninth Circuit · 2016
  4. United States v. Urbano Castillo-MarinCourt of Appeals for the Ninth Circuit · 2012
  5. United States v. Jose Vasquez-CruzCourt of Appeals for the Ninth Circuit · 2012

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API