Legal Opinion

United States v. Damon

Court of Appeals for the First Circuit

Decided October 7, 1997No. 97-1032PublishedCited by 61 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

Under the U.S. Sentencing Guidelines, punishment for an offense is, at times, increased when the defendant was previously convicted of unrelated crimes. This ease presents serious issues of both substance and procedure in this “enhancement” process. The substantive issue is whether the crime of aggravated criminal mischief under state law is categorically a “crime of violence” under U.S.S.G. § 4B1.2(1), thus warranting an increase in sentence. The outcome of the substantive question is determined by resolution of the procedural issue. The procedural issue concerns when a…

2Cases cited23 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Stinson v. United StatesSupreme Court of the United States · 1993
  3. United States v. Stephen Martin BeddowCourt of Appeals for the Sixth Circuit · 1992
  4. United States v. Arthur L. Doe, A/K/A "Butchy"Court of Appeals for the First Circuit · 1992
  5. United States v. Defabian C. ShannonCourt of Appeals for the Seventh Circuit · 1997

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

3Cited by61 opinions

  1. United States v. AustinCourt of Appeals for the Tenth Circuit · 2005
  2. United States v. Soto-BeniquezCourt of Appeals for the First Circuit · 2003
  3. United States v. Nelson-RodriguezCourt of Appeals for the First Circuit · 2003
  4. United States v. Frederick C. RezinCourt of Appeals for the Seventh Circuit · 2003
  5. United States v. CardozaCourt of Appeals for the First Circuit · 1997

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

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