Gabriel Garcia-Hernandez v. United States
Court of Appeals for the Eighth Circuit
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
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Johnson v. United StatesSupreme Court of the United States · 2015
- Johnson v. United StatesSupreme Court of the United States · 2010
- Welch v. United StatesSupreme Court of the United States · 2016
- United States v. LaneSupreme Court of the United States · 1986
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