Legal Opinion
United States v. Fernando Martinez
Court of Appeals for the Eighth Circuit
Decided May 3, 2016No. 15-1004PublishedCited by 32 opinions
1Opinion of the Court
BYE, Circuit Judge.
Fernando Martinez pled guilty to possession of fifty grams or more of methamphetamine with the intent to distribute. The district court found Martinez to be a career offender based in part on the residual clause of § 4B1.2(a)(2) of the United States Sentencing Guidelines (U.S.S.G.) and sentenced him to 262 months’ imprisonment. It indicated, alternatively, it would sentence Martinez as a career offender even if he was not a career offender. Martinez appeals, arguing he is not a career offender and his sentence is substantively unreasonable.
The government concedes Martinez…
2Cases cited13 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Johnson v. United StatesSupreme Court of the United States · 2015
- United States v. FeemsterCourt of Appeals for the Eighth Circuit · 2009
- United States v. Louis F. PiraniCourt of Appeals for the Eighth Circuit · 2005
- United States v. AntonakopoulosCourt of Appeals for the First Circuit · 2005
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- United States v. Dante SheffieldCourt of Appeals for the D.C. Circuit · 2016
- United States v. Cowan GodfreyCourt of Appeals for the Eighth Circuit · 2017
- United States v. Billy ThorneCourt of Appeals for the Eighth Circuit · 2018
- United States v. Sharrod DaceCourt of Appeals for the Eighth Circuit · 2016
- United States v. JohnsonCourt of Appeals for the Eighth Circuit · 2019
27 more not listed; retrieve them via the Exa API.