Legal Opinion

United States v. Manuel Jimenez-Otero

Court of Appeals for the First Circuit

Decided March 14, 1990No. 89-1562PublishedCited by 32 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This is a single-issue sentencing appeal wherein a defendant who pled guilty to a charge of threatening a federal officer, in violation of 18 U.S.C. § 115(a), (b)(4), challenges the district court’s 6-point adjustment in its computation of defendant’s total offense level. The court made the upward adjustment because it found that the defendant had engaged in conduct “evidencing an intent to carry out [the] threat,” U.S.S.G. § 2A6.1(b)(l), by brandishing a screwdriver during the crime’s commission.

The circumstances are as follows. On September 28, 1988, defendant-appellant…

2Cases cited9 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
  3. United States v. Wilfredo Diaz-VillafaneCourt of Appeals for the First Circuit · 1989
  4. United States v. Bertie Alexander WrightCourt of Appeals for the First Circuit · 1989
  5. United States v. Marc A. RoyerCourt of Appeals for the First Circuit · 1990

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3Cited by32 opinions

  1. United States v. Fausto D. RuizCourt of Appeals for the First Circuit · 1990
  2. United States v. Dennis HarotunianCourt of Appeals for the First Circuit · 1990
  3. United States v. Julio La Guardia, United States of America v. Eredia Josefa Jimenez-MinallaCourt of Appeals for the First Circuit · 1990
  4. United States v. Gilberto Ocasio, A/K/A Gilberto Ocasio AgostoCourt of Appeals for the First Circuit · 1990
  5. United States v. Claude Paul TardiffCourt of Appeals for the First Circuit · 1992

27 more not listed; retrieve them via the Exa API.

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