Legal Opinion
United States v. Brett D. Sorenson
Court of Appeals for the Ninth Circuit
Decided September 12, 1990No. 88-3309PublishedCited by 21 opinions
1Opinion of the Court
ORDER
This is a sentence enhancement case. In our memorandum disposition of January 12, 1990, we concluded that enhancement under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1), (ACCA), and imposition of a special assessment were improper.
Under the then controlling circuit law, enhancement based upon Oregon first degree burglary convictions was improper because that state’s burglary statute did not meet the common law definition of burglary, see United States v. Chatman, 869 F.2d 525, 527 (9th Cir.1989), and mandatory special assessments were deemed unconstitutional. See United States v.…
2Cases cited6 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Munoz-FloresSupreme Court of the United States · 1990
- United States v. German Munoz-FloresCourt of Appeals for the Ninth Circuit · 1988
- United States v. Norman Russell Baker, Jr.Court of Appeals for the Ninth Circuit · 1988
- United States v. Gregory Lee ChatmanCourt of Appeals for the Ninth Circuit · 1989
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Donald Lee PresleyCourt of Appeals for the Fourth Circuit · 1995
- United States v. Moses Childs, Jr.Court of Appeals for the Eighth Circuit · 2005
- Brown v. MayleCourt of Appeals for the Ninth Circuit · 2002
- Johnny Gatewood v. United StatesCourt of Appeals for the Sixth Circuit · 2020
- United States v. WebbDistrict Court, D. Massachusetts · 2016
16 more not listed; retrieve them via the Exa API.