Legal Opinion
United States v. Johnny Escalante
Court of Appeals for the Fifth Circuit
Decided August 2, 2019No. 18-10408PublishedCited by 22 opinions
1Opinion of the Court
JENNIFER WALKER ELROD, Circuit Judge:
*397 Johnny Escalante failed to register as a sex offender when he travelled to Texas. The district court concluded that his prior Utah conviction for unlawful sexual activity with a minor classified him as a tier II sex offender, and he was sentenced based on the corresponding Guidelines range. Because the district court deviated from the categorical approach to classify him as a tier II sex offender, we VACATE and REMAND for resentencing.
I
The Sexual Offense Registration and Notification Act of 2006 (SORNA) 1 requires sex offenders to update their…
2Cases cited33 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Mathis v. United StatesSupreme Court of the United States · 2016
- Descamps v. United StatesSupreme Court of the United States · 2013
- Sessions v. DimayaSupreme Court of the United States · 2018
- Nijhawan v. HolderSupreme Court of the United States · 2009
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3Cited by22 opinions
- United States v. ScottCourt of Appeals for the Second Circuit · 2021
- United States v. Eric ScottCourt of Appeals for the Third Circuit · 2021
- McKenzy Alfred v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2023
- Charitable DAF Fund v. Highland Captl MgmtCourt of Appeals for the Fifth Circuit · 2024
- Quito v. BarrCourt of Appeals for the Second Circuit · 2020
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