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Legal Opinion

United States v. Tindall

Court of Appeals for the Tenth Circuit

Decided March 3, 2008No. 07-8038PublishedCited by 24 opinions

1Opinion of the Court

TYMKOVICH, Circuit Judge.

Emery Garret Tindall pleaded guilty to assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 113(a)(6) and 1153. The district court enhanced Tindall’s sentence after concluding the injuries could have resulted in the loss of the victim’s life. On appeal, he argues the district court improperly relied on the Presentence Report (PSR) in making fact findings about the seriousness of the victim’s injuries. As a result, Tindall claims the district court lacked sufficient evidence to support a seven-level enhancement and then applied the enhancement…

2Cases cited19 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Cunningham v. CaliforniaSupreme Court of the United States · 2007
  4. United States v. KristlCourt of Appeals for the Tenth Circuit · 2006
  5. United States v. Rodriguez-FelixCourt of Appeals for the Tenth Circuit · 2006

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

3Cited by24 opinions

  1. United States v. BurgessCourt of Appeals for the Tenth Circuit · 2009
  2. United States v. LewisCourt of Appeals for the Tenth Circuit · 2010
  3. United States v. WestCourt of Appeals for the Tenth Circuit · 2008
  4. United States v. Gambino-ZavalaCourt of Appeals for the Tenth Circuit · 2008
  5. United States v. CookCourt of Appeals for the Tenth Circuit · 2008

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

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