Legal Opinion
United States v. Bermudez
District Court, C.D. California
Decided August 27, 1990No. CR 87-417 AWTPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
TASHIMA, District Judge.
In United States v. Bermudez, 742 F.Supp. 556 (C.D.Cal.1990) (Bermudez I), the Court held that defendant’s enhanced sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), was an illegal sentence. The ruling was based on then-binding circuit law that “burglary” under the ACCA was limited to common law burglary. See United States v. Chatman, 869 F.2d 525 (9th Cir.1989).
Subsequent to Bermudez I, the government moved to stay resentencing on the ground that the Supreme Court had granted certiorari in Taylor v. United States, —…
2Cases cited13 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Kevin J. SherbondyCourt of Appeals for the Ninth Circuit · 1988
- People v. GauzeCalifornia Supreme Court · 1975
- People v. PendletonCalifornia Supreme Court · 1979
- United States v. Gregory Lee ChatmanCourt of Appeals for the Ninth Circuit · 1989
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3Cited by4 opinions
- United States v. Jeffrey Dean BeckerCourt of Appeals for the Ninth Circuit · 1990
- United States v. AlvarezCourt of Appeals for the Ninth Circuit · 1992
- United States v. James Allen StrahlCourt of Appeals for the Tenth Circuit · 1992
- United States v. Anthony Alexander AlvarezCourt of Appeals for the Ninth Circuit · 1992