Legal Opinion
United States v. Brooks
Court of Appeals for the Tenth Circuit
Decided June 2, 2014No. 13-3166PublishedCited by 54 opinions
1Opinion of the Court
BALDOCK, Circuit Judge.
Did Defendant Damian L. Brooks commit enough prior qualifying felonies to be considered a “career offender” under the Federal Sentencing Guidelines? The district court below said yes, relying on United States v. Hill, 539 F.3d 1213 (10th Cir.2008), to classify a prior Kansas conviction of Defendant as a felony because it was punishable by more than one year in prison. On appeal, Defendant admits Hill mandates this classification. He argues, however, that Hill was abrogated by the Supreme Court in Carachuri-Rosendo v. Holder, 560 U.S. 563, 130 S.Ct. 2577, 177 L.Ed.2d 68…
2Cases cited21 opinions
- Tyler v. CainSupreme Court of the United States · 2001
- Lopez v. GonzalesSupreme Court of the United States · 2006
- Carachuri-Rosendo v. HolderSupreme Court of the United States · 2010
- United States v. SimmonsCourt of Appeals for the Fourth Circuit · 2011
- United States v. Johnny Craig HarpCourt of Appeals for the Fourth Circuit · 2005
16 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Lincoln v. BNSF Railway CompanyCourt of Appeals for the Tenth Circuit · 2018
- Diné Citizens Against Ruining Our Environment v. JewellCourt of Appeals for the Tenth Circuit · 2016
- United States v. TittiesCourt of Appeals for the Tenth Circuit · 2017
- United States v. WhiteCourt of Appeals for the Tenth Circuit · 2015
- United States v. WolfnameCourt of Appeals for the Tenth Circuit · 2016
49 more not listed; retrieve them via the Exa API.