United States v. Mojica
Court of Appeals for the Tenth Circuit
1Opinion of the Court
McKAY, Circuit Judge.
Efren Rios Mojica appeals from a twenty-seven month sentence imposed for violation of 18 U.S.C. § 922(g)(9). He contends that the court erred in holding as a matter of law that § 2K2.1(b)(2) of the United States Sentencing Guidelines Manual [hereinafter “U.S.S.G.”] does not apply to his crime. Our jurisdiction arises under 28 U.S.C. § 1291, and we reverse. 1
BACKGROUND
Although the government contested Mr. Mojica’s version of the circumstances surrounding his conviction, the district court assumed the facts submitted by Mr. Moji-ca to be true in arriving at its challenged…
2Cases cited17 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Stinson v. United StatesSupreme Court of the United States · 1993
- United States v. MooreSupreme Court of the United States · 1975
- 62 Cases of Jam v. United StatesSupreme Court of the United States · 1951
- United States v. AdkinsCourt of Appeals for the Tenth Circuit · 1999
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3Cited by23 opinions
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- United States v. Benito Ramirez-RiosCourt of Appeals for the Eighth Circuit · 2001
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