Legal Opinion

United States v. Joe Hernandez

Court of Appeals for the Fifth Circuit

Decided July 7, 1993No. 92-7485PublishedCited by 10 opinions

1Opinion of the Court

WIENER, Circuit Judge:

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 asserts that the government breached the. plea agreement by failing to make a motion for downward departure,…

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 by10 opinions

  1. United States v. Mark ForneyCourt of Appeals for the Eleventh Circuit · 1993
  2. United States v. Lershawn Vincent KellyCourt of Appeals for the Eighth Circuit · 1994
  3. United States v. Bill WilderCourt of Appeals for the Fifth Circuit · 1994
  4. United States v. WittieCourt of Appeals for the Fifth Circuit · 1994
  5. United States v. Garcia-BonillaCourt of Appeals for the Fifth Circuit · 1993

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API