Legal Opinion

United States v. Fredis Reyes-Contreras

Court of Appeals for the Fifth Circuit

Decided November 30, 2018No. 16-41218PublishedCited by 85 opinions

1Opinion of the Court

Fredis Reyes-Contreras pleaded guilty of illegal reentry. Because he had been convicted of voluntary manslaughter in Missouri, the district court applied a sentencing enhancement for a crime of violence ("COV"). Well represented by the Federal Public Defender, Reyes-Contreras appealed to challenge the enhancement. Burdened by binding caselaw that required us to declare that killing a person with a baseball bat is not a COV, the panel vacated for resentencing. 1 The court granted the government's petition for rehearing en banc, thus vacating the panel opinion. 2 Finding it necessary to…

2Cases cited58 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Johnson v. United StatesSupreme Court of the United States · 2010

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3Cited by85 opinions

  1. United States v. ScottCourt of Appeals for the Second Circuit · 2021
  2. United States v. Latroy BurrisCourt of Appeals for the Fifth Circuit · 2019
  3. Christiana Trust, of Wilmington Sav. Fund Soc'y, FSB v. RiddleCourt of Appeals for the Fifth Circuit · 2018
  4. United States v. Baez-MartinezCourt of Appeals for the First Circuit · 2020
  5. United States v. Kim RicardCourt of Appeals for the Fifth Circuit · 2019

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