Legal Opinion

United States v. Gonzalez-Ramirez

Court of Appeals for the Fifth Circuit

Decided January 30, 2007No. 04-51355PublishedCited by 55 opinions

1Opinion of the Court

OWEN, Circuit Judge:

The defendant contends that a conviction for attempted kidnapping under Tennessee law is not a “crime of violence” for purposes of section 2L1.2 of the United States Sentencing Guidelines. Because Tennessee’s statutory definition of kidnapping falls within the generic, contemporary meaning of “kidnapping,” an enumerated offense in the commentary to section 2L1.2, the district court did not err in applying a crime-of-violence enhancement in this case. The defendant’s sentence is affirmed.

I

The government charged Roberto Gonzalez-Ramirez with illegally re-entering the United…

2Cases cited20 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. Johnson v. United StatesSupreme Court of the United States · 1997
  5. Shepard v. United StatesSupreme Court of the United States · 2005

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

3Cited by55 opinions

  1. State v. WhiteTennessee Supreme Court · 2012
  2. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  3. United States v. BonillaCourt of Appeals for the Fifth Circuit · 2008
  4. United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
  5. United States v. ElashyiCourt of Appeals for the Fifth Circuit · 2008

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

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