Legal Opinion

United States v. Clinton Thompson, III

Court of Appeals for the Ninth Circuit

Decided August 29, 2013No. 10-50381, 10-50479, 11-50081PublishedCited by 16 opinions

1Opinion of the Court

Opinion by Judge REINHARDT; Dissent by Judge MURGUIA.

OPINION

REINHARDT, Circuit Judge:

This case involves a penalty enhancement statute, 18 U.S.C. § 844(h)(1), which imposes a mandatory ten-year consecutive sentence (in addition to the sentence for the underlying felony) on anyone who “uses fire ... to commit any felony.” The enhancement is increased to twenty mandatory consecutive years for a second offense.1 § .844(h). Defendants Clinton Thompson, Tavrion Dawson, and Samuel Eaton were convicted of bank larceny, and their sentences were enhanced because they were convicted of using a thermal…

2Cases cited29 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. United States v. LanierSupreme Court of the United States · 1997
  3. McBoyle v. United StatesSupreme Court of the United States · 1931
  4. Chickasaw Nation v. United StatesSupreme Court of the United States · 2001
  5. United States v. James Cabaccang, United States of America v. Richard T. Cabaccang, United States of America v. Roy Toves CabaccangCourt of Appeals for the Ninth Circuit · 2003

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3Cited by16 opinions

  1. United States v. Denard NealCourt of Appeals for the Ninth Circuit · 2015
  2. United States v. Neil A. ThomsenCourt of Appeals for the Ninth Circuit · 2016
  3. Civil Beat Law Center v. Centers for Disease ControlCourt of Appeals for the Ninth Circuit · 2019
  4. United States v. Miguel Osuna-AlvarezCourt of Appeals for the Ninth Circuit · 2015
  5. United States v. Douglas Crooked ArmCourt of Appeals for the Ninth Circuit · 2015

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