Legal Opinion
United States v. Hernandez
Court of Appeals for the Fifth Circuit
Decided February 9, 2011No. 09-20267PublishedCited by 67 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
John Hernandez appeals his sentence, arguing that it is unreasonable and violates his Sixth Amendment right to a jury trial because it can be found reasonable only on the basis of judge-found facts. We affirm.
I
The parties do not dispute the relevant facts. Hernandez was charged with one count of knowingly making a false material statement to a federal firearms licensee, in violation of 18 U.S.C. §§ 922(a)(6) and 924(a)(2) (2006). At rearraignment, the government presented its case, and Hernandez pleaded guilty based on those facts. The district court sentenced…
2Cases cited30 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- United States v. MaresCourt of Appeals for the Fifth Circuit · 2005
- United States v. SmithCourt of Appeals for the Fifth Circuit · 2006
- United States v. AlonzoCourt of Appeals for the Fifth Circuit · 2006
25 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- United States v. John Heard, Jr.Court of Appeals for the Fifth Circuit · 2013
- United States v. Fernando FragaCourt of Appeals for the Fifth Circuit · 2013
- United States v. David DiehlCourt of Appeals for the Fifth Circuit · 2015
- United States v. ScottCourt of Appeals for the Fifth Circuit · 2011
- United States v. Henry FreemanCourt of Appeals for the Third Circuit · 2014
62 more not listed; retrieve them via the Exa API.