Legal Opinion
United States v. Mark Allen Varela
Court of Appeals for the Ninth Circuit
Decided August 10, 1993No. 91-50815, 92-50233PublishedCited by 46 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We are called upon to decide, among other things, whether a conviction that is expunge-able under state law but that has never been formally expunged from the defendant’s record can be a predicate offense under the federal felon in possession of a handgun statute, and whether that conviction may be considered in setting the criminal offense level under the Sentencing Guidelines.
I
During the seven months between October 1990 and April 1991, Varela entered into several narcotics transactions with an undercover agent. Varela agreed to sell, and did sell,…
2Cases cited24 opinions
- People v. BellCalifornia Supreme Court · 1989
- UNITED STATES of America, Plaintiff-Appellee, v. James E. KESSI, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1989
- People v. NavarroCalifornia Supreme Court · 1972
- United States v. Calvin CassidyCourt of Appeals for the Sixth Circuit · 1990
- Rudy Notaro v. United StatesCourt of Appeals for the Ninth Circuit · 1966
19 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- United States v. Patrick HintonCourt of Appeals for the Ninth Circuit · 1994
- United States v. Maximo E. Tejada-Beltran, Alias, Etc.Court of Appeals for the First Circuit · 1995
- UNITED STATES of America, Plaintiff-Appellee, v. Tony E. COLLINS, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
- United States v. Kelvin SteeleCourt of Appeals for the Ninth Circuit · 2002
- UNITED STATES of America, Plaintiff-Appellee, v. Eugene CAMPER, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
41 more not listed; retrieve them via the Exa API.