Legal Opinion
United States v. Yazzie
Court of Appeals for the Tenth Circuit
Decided May 20, 2005No. 04-2152PublishedCited by 53 opinions
1Opinion of the Court
TACHA, Chief Circuit Judge.
Defendant-Appellant Gerald Yazzie appeals his conviction and sentence for sexually assaulting a person under the age of twelve. He contends that the District Court erred in denying his motion to withdraw his guilty plea and that he should be resentenced in light of United States v. Booker, 543 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We hold that the District Court did not abuse its discretion in denying the withdrawal of the guilty plea. We also hold, under plain-error review, *1142that -the District Court’s mandatory application of the U.S. Sentencing Guidelines…
2Cases cited14 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- United States v. David C. Hughes, the Office of the Federal Public Defender, Amicus SupportingCourt of Appeals for the Fourth Circuit · 2005
- United States v. Gonzalez-HuertaCourt of Appeals for the Tenth Circuit · 2005
- United States v. Trujillo-TerrazasCourt of Appeals for the Tenth Circuit · 2005
9 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- United States v. John Charles KuchinskiCourt of Appeals for the Ninth Circuit · 2006
- United States v. VerbickasCourt of Appeals for the Tenth Circuit · 2006
- United States v. MacEo Simmons, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 2006
- United States v. SmallCourt of Appeals for the Tenth Circuit · 2005
- United States v. A.B.Court of Appeals for the Tenth Circuit · 2008
48 more not listed; retrieve them via the Exa API.