Legal Opinion

United States v. Pedro Morales

Court of Appeals for the Second Circuit

Decided December 13, 2000No. 2000PublishedCited by 20 opinions

1Opinion of the Court

JON 0. NEWMAN, Circuit Judge.

This appeal requires us to determine whether a defendant’s prior offense is “similar to” the minor offenses listed in section 4A1.2(c)(l) of the Sentencing Guidelines, in which event it does not af- feet his Criminal History Category nor contribute to rendering him ineligible for the so-called “safety valve” exception to mandatory minimum sentencing for certain narcotics offenses. The prior offense at issue is a New York conviction for second-degree harassment. We must consider both how the “similar to” comparison should be made and whether the particular prior…

2Cases cited9 opinions

  1. United States v. James CaputoCourt of Appeals for the Seventh Circuit · 1992
  2. United States v. Bennie Ray HardemanCourt of Appeals for the Fifth Circuit · 1991
  3. United States v. Felix Antonio Martinez-SantosCourt of Appeals for the Second Circuit · 1999
  4. State v. WomackCourt of Appeals of Arizona · 1992
  5. United States v. J. Franklin KempCourt of Appeals for the Ninth Circuit · 1991

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

3Cited by20 opinions

  1. United States v. Donald P. CarpenterCourt of Appeals for the Second Circuit · 2001
  2. United States v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
  3. United States v. ValenteCourt of Appeals for the Second Circuit · 2019
  4. United States v. Henry UbieraCourt of Appeals for the Second Circuit · 2007
  5. United States v. Raul RamirezCourt of Appeals for the Second Circuit · 2005

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

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