Legal Opinion

United States v. Folse

District Court, D. New Mexico

Decided October 5, 2017No. CR 15–2485 JBPublishedCited by 1 opinion

1Opinion of the Court

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on Defendant Kevin Folse's Formal Objections to Presentence Report, filed May 15, 2017 (Doc. 223)("Objections"). The primary issues are: (i) whether Defendant Kevin Folse qualifies for a "career offender" sentencing enhancement under U.S.S.G. § 4B1.1 based on his prior felony convictions for aggravated battery with a deadly weapon and possession of marijuana with intent to distribute, as well as the two carjacking convictions rendered in this case; (ii) whether the Court should apply a 2-level…

2Cases cited70 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Gall v. United StatesSupreme Court of the United States · 2007
  4. Blockburger v. United StatesSupreme Court of the United States · 1931
  5. Blakely v. WashingtonSupreme Court of the United States · 2004

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3Cited by1 opinion

  1. United States v. CrewsDistrict Court, District of Columbia · 2021

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