Legal Opinion
United States v. Hernandez-Galvan
Court of Appeals for the Fifth Circuit
Decided January 31, 2011No. 09-40872PublishedCited by 31 opinions
1Opinion of the Court
JENNIFER WALKER ELROD,
Circuit Judge:
Jose Guadalupe Hernandez-Galvan appeals his judgment of conviction and sentence for illegal reentry in violation of 18 U.S.C. § 1326. Specifically, he challenges the district court’s conclusion that his prior North Carolina conviction for attempted common-law robbery is for a “crime of violence,” requiring a 16-level increase under the Sentencing Guidelines. Because Hernandez raises only a theoretical possibility — rather than a realistic probability— that the North Carolina offense would criminalize conduct falling outside the generic, contemporary…
2Cases cited22 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
- United States v. Cisneros-GutierrezCourt of Appeals for the Fifth Circuit · 2008
- United States v. Resendiz-PonceSupreme Court of the United States · 2007
- United States v. Roy MandujanoCourt of Appeals for the Fifth Circuit · 1974
17 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
- United States v. Juan Castillo-RiveraCourt of Appeals for the Fifth Circuit · 2017
- United States v. Jeffrey HowardCourt of Appeals for the Fifth Circuit · 2014
- United States v. SanchezCourt of Appeals for the Fifth Circuit · 2012
- United States v. Estevan Ochoa-GomezCourt of Appeals for the Fifth Circuit · 2015
26 more not listed; retrieve them via the Exa API.