Legal Opinion
United States v. Luis Hernandez-Hernandez
Court of Appeals for the Fifth Circuit
Decided March 17, 2016No. 15-40480PublishedCited by 24 opinions
1Opinion of the Court
JANE J. BOYLE, District Judge:
Luis Hernandez-Hernandez appeals his 16-level “crime of violence” enhancement under § 2L'l,2(b)(l)(A)(ii) of the Sentencing Guidelines based upon a prior conviction for assaulting a federal officer and inflicting bodily injury, in violation of 18 U.S.C. § 111(a)(1) and (b). 1 In his sole issue on appeal, Hernandez argues that his § 111 conviction- did not constitute a crime of violence under § 2L1.2(b)(l)(A)(ii) because it is neither one of § 2L1.2(b)(l)(A)(ii)’s enumerated offenses nor does it require “as an element the use, attempted use, or threatened use of…
2Cases cited20 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. CottonSupreme Court of the United States · 2002
- Descamps v. United StatesSupreme Court of the United States · 2013
- Johnson v. United StatesSupreme Court of the United States · 2010
15 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. TaylorCourt of Appeals for the First Circuit · 2017
- United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
- United States v. Titus BatesCourt of Appeals for the Eleventh Circuit · 2020
- United States v. KendallCourt of Appeals for the Tenth Circuit · 2017
- United States v. Mohamed SaidCourt of Appeals for the Fourth Circuit · 2022
19 more not listed; retrieve them via the Exa API.