Legal Opinion

United States v. Noel Lerma

Court of Appeals for the Fifth Circuit

Decided December 14, 2017No. 16-41467PublishedCited by 34 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

The question presented in this case is whether a conviction under the Texas aggravated robbery statute, Texas Penal Code § 29.03, qualifies as a “violent felony” under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). Concluding that the statute is divisible, and that the crime for which appellant, Noel Lerma, was convicted previously at least three times is a “violent felony” under the ACCA, we AFFIRM.

I

The ACCA provides for a 15-year mandatory minimum term of imprisonment and a five-year maximum term of supervised release for those defendants…

2Cases cited16 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Mathis v. United StatesSupreme Court of the United States · 2016
  3. Johnson v. United StatesSupreme Court of the United States · 2010
  4. Welch v. United StatesSupreme Court of the United States · 2016
  5. Boston, Ronald GlenCourt of Criminal Appeals of Texas · 2013

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

3Cited by34 opinions

  1. United States v. Michael HerroldCourt of Appeals for the Fifth Circuit · 2018
  2. United States v. Latroy BurrisCourt of Appeals for the Fifth Circuit · 2019
  3. United States v. Latroy BurrisCourt of Appeals for the Fifth Circuit · 2018
  4. United States v. Leonard GriffinCourt of Appeals for the Fifth Circuit · 2020
  5. United States v. WilkinsCourt of Appeals for the Tenth Circuit · 2022

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

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