Legal Opinion
United States v. Abeu Gonzalez-Perez, A.K.A. Oscar Ortiz-Garcia
Court of Appeals for the Ninth Circuit
Decided January 10, 2007No. 05-10693PublishedCited by 25 opinions
1Opinion of the Court
RAWLINSON, Circuit Judge.
On appeal, Abeu Gonzalez-Perez challenges his sentence on the basis that the district court erred in applying a 16-level enhancement to his sentence for a false-imprisonment conviction under Florida law. Specifically, Gonzalez-Perez contends that his prior conviction under Florida’s false imprisonment statute does not constitute a “crime of violence” under § 2L1.2(b)(1)(A)(ii) of the Sentencing Guidelines. 1 We agree. Accordingly, we reverse the district court’s imposition of the 16-level enhancement, vacate the sentence and remand for resentencing. We affirm the…
2Cases cited14 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Gilberto Pimentel-FloresCourt of Appeals for the Ninth Circuit · 2003
- United States v. Marcial-SantiagoCourt of Appeals for the Ninth Circuit · 2006
- United States v. Jose Fernando Garcia-GarciaCourt of Appeals for the Ninth Circuit · 1991
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. CarterCourt of Appeals for the Ninth Circuit · 2009
- United States v. Luis Narvaez-Gomez, AKA Manuel Gomez-FelizCourt of Appeals for the Ninth Circuit · 2007
- United States v. Candelario Silvestre Beltran-MunguiaCourt of Appeals for the Ninth Circuit · 2007
- United States v. Rosales-BrunoCourt of Appeals for the Eleventh Circuit · 2012
- United States v. De Jesus VenturaCourt of Appeals for the D.C. Circuit · 2009
20 more not listed; retrieve them via the Exa API.