Legal Opinion
United States v. Valenzuela
Court of Appeals for the Ninth Circuit
Decided August 3, 2007No. 06-30398PublishedCited by 33 opinions
1Opinion of the Court
GOULD, Circuit Judge:
United States Sentencing Guidelines § 2K2.1(b)(5) (2005) enables a district court to increase a defendant’s base offense level by four if the defendant possessed or used a firearm in connection with another felony offense. Application Note 15 1 to § 2K2.1(b)(5) precludes such an enhancement when the other felony offense involved a firearms trafficking or firearms possession offense. Here, Jose Valenzuela (“Valenzuela”) used a shotgun to embolden his possession and sale of stolen property. Valenzuela appeals the district court’s enhancement of his sentence under §…
2Cases cited24 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Bailey v. United StatesSupreme Court of the United States · 1995
- Stinson v. United StatesSupreme Court of the United States · 1993
- United States v. Rodney Robert Kimbrew, A.K.A. Carlton CochranCourt of Appeals for the Ninth Circuit · 2005
19 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- United States v. DavenportCourt of Appeals for the Ninth Circuit · 2008
- United States v. JuarezCourt of Appeals for the Fifth Circuit · 2010
- United States v. Cruz-GramajoCourt of Appeals for the Ninth Circuit · 2009
- United States v. Guzman-MataCourt of Appeals for the Ninth Circuit · 2009
- United States v. MorrisCourt of Appeals for the Tenth Circuit · 2009
28 more not listed; retrieve them via the Exa API.