Legal Opinion

United States v. Hernandez-Gonzalez

District Court, M.D. Georgia

Decided January 31, 2012No. Case No. 5:11-CR-53 (MTT)PublishedCited by 1 opinion

1Opinion of the Court

ORDER

MARC T. TREADWELL, District Judge.

This matter is before the Court on the Defendant’s Objection to the Presentence Investigation Report. (Doc. 25). Specifically, the Defendant objects to a 16-level enhancement based on the Defendant’s conviction for the Georgia offense of sexual battery (victim under sixteen). O.C.G.A. § 16-6-22.1(d).

In 2005, the Defendant was arrested on charges of child molestation in violation of O.C.G.A. § 16-6-4 and sexual battery in violation of O.C.G.A. § 16-6-22.1(d). Presumably as the result of a plea agreement, the child molestation charge was reduced to sexual…

2Cases cited9 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Begay v. United StatesSupreme Court of the United States · 2008
  4. United States v. Diaz-IbarraCourt of Appeals for the Fourth Circuit · 2008
  5. United States v. Brijido Padilla-ReyesCourt of Appeals for the Eleventh Circuit · 2001

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3Cited by1 opinion

  1. United States v. Carlos Landaverde-EscalanteCourt of Appeals for the Fifth Circuit · 2015

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