Legal Opinion

United States v. Nobel J. Kelly

Court of Appeals for the Ninth Circuit

Decided September 6, 2005No. 04-30074PublishedCited by 67 opinions

1Opinion of the Court

WILLIAM A. FLETCHER, Circuit Judge.

The government appeals Nobel Kelly’s 120-month sentence for possession with intent to distribute over 5 grams of cocaine base. The government contends that the district court erred in finding that Kelly’s 1998 Washington state conviction for attempting to elude a police vehicle was not a “crime of violence” under United States Sentencing Guideline (U.S.S.G.) § 4B1.2(a), and therefore not a predicate conviction for the career offender enhancement in U.S.S.G. § 4B1.1. We hold that Kelly’s conviction for attempting to elude a police vehicle is not a “crime of…

2Cases cited22 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
  3. United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002
  4. Glover v. Bic Corp.Court of Appeals for the Ninth Circuit · 1993
  5. United States v. Timothy Allen WennerCourt of Appeals for the Ninth Circuit · 2003

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

3Cited by67 opinions

  1. Sykes v. United StatesSupreme Court of the United States · 2011
  2. United States v. Frazer Scott PiccoloCourt of Appeals for the Ninth Circuit · 2006
  3. United States v. Gomez-LeonCourt of Appeals for the Ninth Circuit · 2008
  4. United States v. Steven GibsonCourt of Appeals for the Eleventh Circuit · 2006
  5. United States v. HarrisonCourt of Appeals for the Eleventh Circuit · 2009

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

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