Legal Opinion

United States v. Jorge Cisneros

Court of Appeals for the Ninth Circuit

Decided June 22, 2016No. 13-30066PublishedCited by 12 opinions

1Opinion of the Court

OPINION

N.R. SMITH, Circuit Judge:

Jorge Armando Cisneros appeals the district court’s decision to sentence him to a mandatory-minimum sentence of fifteen years in prison under the Armed Career Criminal Act (“ACCA”). See 18 U.S.C. § 924(e)(1). Cisneros does not have “three previous convictions” that qualify as “a violent felony or a serious drug offense” under ACCA. Id. Accordingly, we vacate Cisneros’s sentence and remand to the district court for resentencing.

I

Under ACCA, a defendant convicted of violating 18 U.S.C. § 922(g) faces a fifteen-year mandatory-minimum sentence if he “has three…

2Cases cited16 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Richardson v. United StatesSupreme Court of the United States · 1999

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

3Cited by12 opinions

  1. United States v. Michael HerroldCourt of Appeals for the Fifth Circuit · 2018
  2. Diego Mendoza-Garcia v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2022
  3. United States v. Christopher LawrenceCourt of Appeals for the Ninth Circuit · 2018
  4. J-G-D-FBoard of Immigration Appeals · 2017
  5. Jose Diaz-Flores v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2021

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

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