Legal Opinion
United States v. Nava-Sotelo
Court of Appeals for the Tenth Circuit
Decided December 31, 2003No. 02-2338PublishedCited by 23 opinions
1Opinion of the Court
O’BRIEN, Circuit Judge.
Along with other ■ crimes, Adalberto Nava-Sotelo was convicted for the use and carrying of a firearm during a crime of violence in violation of 18 U.S.C. § 924(c). The issue presented is whether a mandatory ten-year consecutive sentence for discharge of firearm must be imposed if the discharge was accidental. The district court answered in the negative. United States v. Nava-Sotelo, 232 F.Supp.2d 1269 (D.N.M.2002). We answer in the affirmative and reverse. 1
I. Background
On May 8, 2001, Nava-Sotelo’s brother, Oswaldo, an inmate at the La Tuna federal prison in Anthony,…
2Cases cited20 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Morissette v. United StatesSupreme Court of the United States · 1952
- Staples v. United StatesSupreme Court of the United States · 1994
- Harris v. United StatesSupreme Court of the United States · 2002
- Liparota v. United StatesSupreme Court of the United States · 1985
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. Calvin MatchettCourt of Appeals for the Eleventh Circuit · 2015
- United States v. Michael Gerald GamboaCourt of Appeals for the Eighth Circuit · 2006
- United States v. BowenCourt of Appeals for the Tenth Circuit · 2008
- United States v. MunroCourt of Appeals for the Tenth Circuit · 2005
- United States v. RayCourt of Appeals for the Tenth Circuit · 2013
18 more not listed; retrieve them via the Exa API.