Legal Opinion

United States v. Velazquez-Overa

Court of Appeals for the Fifth Circuit

Decided November 18, 1996No. 96-40216PublishedCited by 107 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

This appeal requires the court to resolve a question of first impression in this circuit: whether a state penal statute proscribing indecency with a child is a crime of violence for the purpose of sentence enhancement under Section 2L1.2 of the United States Sentencing Guidelines. We hold that indecency with a child involving sexual contact, a felony under Texas law, is a crime of violence because it entails a substantial risk that physical force may be used against the victim. Rejecting the appellant’s attacks on the sentence imposed by the district court, we affirm…

2Cases cited14 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. United States v. Gerardo Reyes-CastroCourt of Appeals for the Tenth Circuit · 1993
  3. United States v. Tomas Rodriguez, Also Known as Tomas Rodriguez-Ledezma, Also Known as Tomas Ledezma RodriguezCourt of Appeals for the Eighth Circuit · 1992
  4. United States v. Ramon Gonzalez-LopezCourt of Appeals for the Eleventh Circuit · 1990
  5. United States v. Abraham Rodriguez FloresCourt of Appeals for the Fifth Circuit · 1989

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

3Cited by107 opinions

  1. Sessions v. DimayaSupreme Court of the United States · 2018
  2. United States v. AustinCourt of Appeals for the Tenth Circuit · 2005
  3. United States v. Moises Chapa-Garza, Also Known as Moises Garza, Also Known as Moises Garza Chapa, Also Known as Moises G Chapa, Also Known as Moises Chapa, United States of America v. Julian Ricardo Goytia-Campos, Also Known as Julian Ricardo Goitia-Campos, United States of America v. Alfonso Guadalupe Perez-Velazquez, Also Known as Erick Lee, United States of America v. Francisco Javier Saldana-Roldan, United States of America v. Epifanio Ivarbo-Martell, Also Known as El ChinoCourt of Appeals for the Fifth Circuit · 2001
  4. United States v. Defabian C. ShannonCourt of Appeals for the Seventh Circuit · 1997
  5. Thomas Anthony Dalton v. John Ashcroft, Attorney General of the United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2001

102 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