Legal Opinion
United States v. Yoahjan Flores
Court of Appeals for the Ninth Circuit
Decided August 30, 2013No. 11-50536, 11-50539, 11-50555PublishedCited by 22 opinions
1Opinion of the Court
OPINION
PAEZ, Circuit Judge:
In these consolidated cases, the defendants appeal their sentences following their pleas of guilty to conspiracy to possess an unregistered firearm in violation of 18 U.S.C. § 371 and 26 U.S.C. § 5861(d). They raise a novel question: What is the definition of a missile under U.S.S.G. § 2K2.1(b)(3)(A) and 26 U.S.C. § 5845(f)? We adopt the common meaning of the word missile, in the context of modern weaponry, and hold that the definition of a missile, under the sentencing guidelines, is a self-propelled device designed to deliver an explosive. 1 Because the 40-mm…
2Cases cited12 opinions
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- United States v. CantrellCourt of Appeals for the Ninth Circuit · 2006
- Miranda v. AnchondoCourt of Appeals for the Ninth Circuit · 2011
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
- United States v. Paul Frederick LaneyCourt of Appeals for the Ninth Circuit · 1999
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. Lonnie LillardCourt of Appeals for the Ninth Circuit · 2019
- United States v. Ruslan KirilyukCourt of Appeals for the Ninth Circuit · 2022
- United States v. Michael LaursenCourt of Appeals for the Ninth Circuit · 2017
- United States v. John DoeCourt of Appeals for the Ninth Circuit · 2015
- United States v. Juan Rivera-ConstantinoCourt of Appeals for the Ninth Circuit · 2015
17 more not listed; retrieve them via the Exa API.