Legal Opinion

United States v. Martinez

Court of Appeals for the Second Circuit

Decided June 24, 2005No. 04-2075-CRPublished

1Opinion of the Court

SUMMARY ORDER

Appellant David Martinez (“Martinez”) appeals from a judgment entered on April 19, 2004, in the District Court for the Southern District of New York sentencing him principally to 115 months’ imprisonment for unlawfully possessing a firearm after having been convicted of a felony, in violation of 18 U.S.C. § 922(g)(1). We assume the parties’ familiarity with the facts and procedural history of the case.

The district court imposed a four-point sentencing enhancement pursuant to United States Sentencing Guidelines Manual (“Guidelines”) § 2K2.1(b)(5) based on, inter alia, its finding…

2Cases cited10 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Crawford v. WashingtonSupreme Court of the United States · 2004
  4. United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
  5. People v. DavisNew York Court of Appeals · 1988

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