Legal Opinion
United States v. Martinez-Paramo
Court of Appeals for the Fifth Circuit
Decided August 4, 2004No. 03-41031PublishedCited by 9 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
For Ruben Martinez-Paramo’s challenge to his conviction and sentence, primarily at issue is whether, for sentence enhancement purposes, his prior Pennsylvania conviction for the misdemeanor offense of terroristic threats is a requisite “crime of violence” under § 2L1.2 of the Sentencing Guidelines. The record is not sufficient to decide that issue. He acknowledges our precedent forecloses his constitutional challenge to his guilty-plea conviction. We AFFIRM the conviction; VACATE the sentence; and REMAND for resentencing.
I
In early 2003, Martinez-Paramo,…
2Cases cited22 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. DabeitCourt of Appeals for the Fifth Circuit · 2000
- United States v. ReynaCourt of Appeals for the Fifth Circuit · 2004
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. Bonilla-MungiaCourt of Appeals for the Fifth Circuit · 2005
- United States v. Elmer Gomez-AlvarezCourt of Appeals for the Fifth Circuit · 2015
- United States v. Torres-DiazCourt of Appeals for the Fifth Circuit · 2006
- United States v. Ortiz-GomezCourt of Appeals for the Fifth Circuit · 2009
- United States v. Andrade-AguilarCourt of Appeals for the Fifth Circuit · 2009
4 more not listed; retrieve them via the Exa API.