Legal Opinion

Gabriel Garcia-Hernandez v. United States

Court of Appeals for the Eighth Circuit

Decided February 11, 2019No. 17-3027PublishedCited by 10 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Gabriel Lazaro Garcia-Hernandez was sentenced as an armed career criminal. He moved to vacate his sentence under 28 U.S.C. § 2255 , invoking Johnson v. United States , --- U.S. ----, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015). The district court denied his motion. He appeals. Having jurisdiction under 28 U.S.C. §§ 1291 and 2253, this court affirms.

In 2014, a jury convicted Garcia-Hernandez, a convicted felon, of possessing at least one firearm or ammunition, in violation of 18 U.S.C. §§ 922 (g)(1), 924(a)(2), and 924(e), and a firearm with an obliterated serial number, in…

2Cases cited26 opinions

  1. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Johnson v. United StatesSupreme Court of the United States · 2010
  4. Welch v. United StatesSupreme Court of the United States · 2016
  5. United States v. LaneSupreme Court of the United States · 1986

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

3Cited by10 opinions

  1. William Lofton v. United StatesCourt of Appeals for the Eighth Circuit · 2019
  2. Jerome Julius Weeks v. United StatesCourt of Appeals for the Eleventh Circuit · 2019
  3. Ochoa-Salgado v. GarlandCourt of Appeals for the Fifth Circuit · 2021
  4. Benjamin Langford v. United StatesCourt of Appeals for the Eighth Circuit · 2021
  5. Crow v. United StatesDistrict Court, N.D. Texas · 2020

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API