Legal Opinion
United States v. Henry Ubiera
Court of Appeals for the Second Circuit
Decided May 15, 2007No. Docket 05-5256-crPublishedCited by 13 opinions
1Opinion of the Court
DENNIS JACOBS, Chief Judge.
Following his plea to drug offenses in the United States District Court for the Southern District of New York (Heller-stein, /.), Henry Ubiera appeals his post- Fagans sentence. Ubiera’s principal challenge is to the assessment of a criminal history point for each of two prior shoplifting convictions. Ubiera contends that shoplifting is similar to passing a bad check, which is excluded from the criminal history computation by the United States Sentencing Guidelines § 4A1.2(c)(l) along with “similar” offenses. Ubiera also argues that the court erred by: declining to…
2Cases cited16 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Johnson v. United StatesSupreme Court of the United States · 1997
- United States v. Carmine Fatico, and Daniel FaticoCourt of Appeals for the Second Circuit · 1978
- United States v. Andrew FagansCourt of Appeals for the Second Circuit · 2005
- United States v. James CaputoCourt of Appeals for the Seventh Circuit · 1992
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. ViloskiCourt of Appeals for the Second Circuit · 2016
- United States v. CuevasCourt of Appeals for the Second Circuit · 2007
- United States v. McKenzieCourt of Appeals for the First Circuit · 2008
- United States v. DeJESUS-CONCEPCIONCourt of Appeals for the Second Circuit · 2010
- United States v. BrownCourt of Appeals for the Second Circuit · 2015
8 more not listed; retrieve them via the Exa API.