Legal Opinion

Irma Ovalles v. United States

Court of Appeals for the Eleventh Circuit

Decided June 30, 2017No. 17-10172 Non-Argument CalendarPublishedCited by 48 opinions

1Opinion of the Court

HULL, Circuit Judge:

Irma Ovalles, a federal prisoner, appeals the district court’s denial of her 28 U.S.C. § 2255 motion to vacate her conviction and sentence for using and carrying a firearm during and in relation to a crime of violence (Count Five), namely, attempted carjacking (Count Four), on the grounds that the “risk-of-force” clause in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague under Johnson v. United States, 576 U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). The district court held that the “risk-of-force” clause in § 924(c)(3)(B) was not void for vagueness and that,…

2Cases cited20 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Welch v. United StatesSupreme Court of the United States · 2016
  3. Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
  4. Holloway v. United StatesSupreme Court of the United States · 1999
  5. United States v. EvansSupreme Court of the United States · 1948

15 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. United States v. Joseph SimmsCourt of Appeals for the Fourth Circuit · 2019
  2. United States v. Michael St. HubertCourt of Appeals for the Eleventh Circuit · 2018
  3. Irma Ovalles v. United StatesCourt of Appeals for the Eleventh Circuit · 2018
  4. United States v. SalasCourt of Appeals for the Tenth Circuit · 2018
  5. Michael Brown v. United StatesCourt of Appeals for the Eleventh Circuit · 2019

43 more not listed; retrieve them via the Exa API.

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