Legal Opinion
United States v. Israel Caceres-Olla
Court of Appeals for the Ninth Circuit
Decided December 23, 2013No. 12-10132PublishedCited by 16 opinions
1Opinion of the Court
Opinion by Judge BERZON; Concurrence by Judge FERNANDEZ.
OPINION
BERZON, Circuit Judge:
Israel Amoldo Caceres-Olla pleaded guilty, under 8 U.S.C. § 1326, to unlawful reentry into the United States. Sentences for that offense ‘are governed by United States Sentencing Guideline (“Guideline”) 2L1.2. This case- presents the question whether a prior felony conviction under Florida Statutes section 800.04(4)(a) for lewd or lascivious battery qualifies as a “crime of violence” for purposes of that Guideline. We hold that it does not, because the crime does not constitute a “forcible sex offense” or…
2Cases cited20 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Descamps v. United StatesSupreme Court of the United States · 2013
- Duncan v. WalkerSupreme Court of the United States · 2001
- Circuit City Stores, Inc. v. AdamsSupreme Court of the United States · 2001
- Corley v. United StatesSupreme Court of the United States · 2009
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. Juan Quintero-JuncoCourt of Appeals for the Ninth Circuit · 2014
- United States v. Ruben Sahagun-GallegosCourt of Appeals for the Ninth Circuit · 2015
- United States v. Jordon SimmonsCourt of Appeals for the Ninth Circuit · 2015
- United States v. GeaslandCourt of Appeals for the Seventh Circuit · 2017
- United States v. Alvaro Gonzalez-MonterrosoCourt of Appeals for the Ninth Circuit · 2014
11 more not listed; retrieve them via the Exa API.