Legal Opinion

United States v. Hernandez

Court of Appeals for the Fifth Circuit

Decided March 7, 1994No. 92-07485PublishedCited by 31 opinions

1Opinion of the Court

WIENER, Circuit Judge:

The Court withdraws the opinion issued in this case dated July 7, 1993, and substitutes the following:

Pursuant to a plea agreement which provided, inter alia, that the government “may” make a motion for a downward departure if the defendant renders substantial assistance, Joe Hernandez pleaded guilty to, and was convicted on, one count of violating 18 U.S.C. § 922(g)(1) (felon in possession of a firearm). As he had been convicted of three prior felonies, Hernandez received a mandatory minimum sentence of fifteen years under 18 U.S.C. § 924(e). On appeal, Hernandez…

2Cases cited10 opinions

  1. Wade v. United StatesSupreme Court of the United States · 1992
  2. United States v. Thomas Tyson ConnerCourt of Appeals for the Fourth Circuit · 1991
  3. United States v. Francisco Lozano ValenciaCourt of Appeals for the Fifth Circuit · 1993
  4. United States v. Alicia Rodriguez-Morales A/K/A Gloria HernandezCourt of Appeals for the Eighth Circuit · 1992
  5. United States v. Myron KeeneCourt of Appeals for the Ninth Circuit · 1991

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

3Cited by31 opinions

  1. Kaplan v. Lebanese Canadian BankCourt of Appeals for the Second Circuit · 2021
  2. United States v. Samuel Roman, A.K.A. Samuel Mercado Samuel Roman, United States of America v. Oscar Roman, A.K.A. Oscar MercadoCourt of Appeals for the Third Circuit · 1997
  3. United States v. AlegriaCourt of Appeals for the First Circuit · 1999
  4. United States v. AderholtCourt of Appeals for the Fifth Circuit · 1996
  5. United States v. William Benjamin (96-4040), Robert N. Thompson (96-4064)Court of Appeals for the Sixth Circuit · 1998

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

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