Legal Opinion
United States v. Margarito Flores-Cordero
Court of Appeals for the Ninth Circuit
Decided July 25, 2013No. 12-10220PublishedCited by 31 opinions
1Opinion of the Court
OPINION
SCHROEDER, Circuit Judge:
The issue in this sentencing appeal is whether the defendant’s prior Arizona con viction for resisting arrest is a “crime of violence” that authorized a sixteen-level increase to the base offense level under United States Sentencing Guidelines (“U.S.S.G.”) § 2L1.2. On the basis of decisions of the Arizona courts that we must follow in ascertaining the scope of the Arizona criminal statute, we hold that the prior conviction was not categorically a crime of violence and therefore vacate the sentence and remand for resentencing.
BACKGROUND
Defendant-Appellant…
2Cases cited9 opinions
- Johnson v. United StatesSupreme Court of the United States · 2010
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
- United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
- Jose Ernesto Flores v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2003
- Carlos Flores-Lopez v. Eric H. Holder Jr.Court of Appeals for the Ninth Circuit · 2012
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- United States v. Paul ParnellCourt of Appeals for the Ninth Circuit · 2016
- United States v. Cabrera-GutierrezCourt of Appeals for the Ninth Circuit · 2013
- United States v. ThomasCourt of Appeals for the Tenth Circuit · 2017
- United States v. BellDistrict Court, N.D. California · 2016
- United States v. Eddie Strickland, Jr.Court of Appeals for the Ninth Circuit · 2017
26 more not listed; retrieve them via the Exa API.