Legal Opinion
United States v. Eric James Thornton, Jr., AKA Seal B
Court of Appeals for the Ninth Circuit
Decided April 17, 2006No. 04-50226PublishedCited by 21 opinions
1Opinion of the Court
PAEZ, Circuit Judge.
This case requires us to decide whether a conviction under California Vehicle Code section 23152(b) for driving with a blood alcohol level of 0.08 or higher is a conviction for an offense “similar” to driving under the influence, such that it must be included in a defendant’s criminal history calculation pursuant to U.S.S.G. § 4A1.2 cmt. n. 5. 1 We hold that it is.
I. Background
Eric James Thornton, Jr. pleaded guilty to violating 21 U.S.C. § 846 (conspiracy to distribute a controlled substance). Thornton signed a written plea agreement that contemplated, but did not…
2Cases cited17 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Stinson v. United StatesSupreme Court of the United States · 1993
- United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
- United States v. CantrellCourt of Appeals for the Ninth Circuit · 2006
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3Cited by21 opinions
- United States v. Vicente Alvarez-HernandezCourt of Appeals for the Ninth Circuit · 2007
- United States v. David Prien-PintoCourt of Appeals for the Ninth Circuit · 2019
- United States v. Potes-CastilloCourt of Appeals for the Second Circuit · 2011
- United States v. PandoCourt of Appeals for the Eighth Circuit · 2008
- United States v. Lonnie ParlorCourt of Appeals for the Ninth Circuit · 2021
16 more not listed; retrieve them via the Exa API.