Legal Opinion
United States v. Alexis Hernandez
Court of Appeals for the Eleventh Circuit
Decided October 26, 2018No. 17-15666PublishedCited by 19 opinions
1Opinion of the Court
WILSON, Circuit Judge:
Defendants convicted of certain drug-related felonies are subjected to a 240-month mandatory minimum if they have previously been convicted of a drug-related felony. See 21 U.S.C. § 841 (b). If the existence of the prior conviction is in dispute, district courts are required to conduct a "§ 851 hearing" to determine whether the defendant has a previous conviction, thus making him eligible for the sentence enhancement. See 21 U.S.C § 851(c)(1). On this appeal, we decide whether it was an abuse of discretion to disregard the Federal Rules of Evidence during a § 851…
2Cases cited7 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- United States v. RodriguezCourt of Appeals for the Eleventh Circuit · 2005
- United States v. GhertlerCourt of Appeals for the Eleventh Circuit · 2010
- United States v. Steven GibsonCourt of Appeals for the Eleventh Circuit · 2006
- United States v. Robert William GreenCourt of Appeals for the Eleventh Circuit · 2017
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. Trinity Rolando Cabezas-MontanoCourt of Appeals for the Eleventh Circuit · 2020
- United States v. James Maarvin HawkinsCourt of Appeals for the Eleventh Circuit · 2019
- United States v. Dontiez PendergrassCourt of Appeals for the Eleventh Circuit · 2021
- United States v. Roosevelt Coats, IIICourt of Appeals for the Eleventh Circuit · 2021
- United States v. Eddie Lee PerryCourt of Appeals for the Eleventh Circuit · 2021
14 more not listed; retrieve them via the Exa API.