Legal Opinion
United States v. Samuel Gutierrez
Court of Appeals for the Ninth Circuit
Decided December 12, 2017No. 16-35583PublishedCited by 53 opinions
1Opinion of the Court
OPINION
2Per curiam
The sole question presented by this appeal is whether the federal offense of carjacking is a “crime of violence” under 18 U.S.C. § 924(c). We hold that it is.
The facts underlying this case are simple and not in dispute. Samuel Gutierrez approached a woman in a parking lot, pointed a silver handgun at her, and demanded her keys. The woman complied, and Gutierrez drove off,with her car. The police were notified immediately and apprehended Gutierrez after a short chase. Gutierrez was found in possession of the victim’s cell phone and a. loaded, nickel-plated gun.
The government charged…
3Cases cited12 opinions
- Johnson v. United StatesSupreme Court of the United States · 2010
- Moncrieffe v. HolderSupreme Court of the United States · 2013
- United States v. CastlemanSupreme Court of the United States · 2014
- Holloway v. United StatesSupreme Court of the United States · 1999
- United States v. James McNealCourt of Appeals for the Fourth Circuit · 2016
7 more not listed; retrieve them via the Exa API.
4Cited by53 opinions
- United States v. Michael St. HubertCourt of Appeals for the Eleventh Circuit · 2018
- United States v. Marcus WatsonCourt of Appeals for the Ninth Circuit · 2018
- United States v. Monico DominguezCourt of Appeals for the Ninth Circuit · 2020
- United States v. Michael St. HubertCourt of Appeals for the Eleventh Circuit · 2018
- United States v. EdlingCourt of Appeals for the Ninth Circuit · 2018
48 more not listed; retrieve them via the Exa API.