Legal Opinion
United States v. Charles
Court of Appeals for the Fifth Circuit
Decided July 31, 2002No. 01-10113PublishedCited by 102 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
We granted rehearing en banc in this sentencing appeal in order to determine whether theft of a motor vehicle is a crime of violence under United States Sentencing Guideline (“U.S.S.G.”) § 4B1.2(a)(2), requiring the enhanced sentence imposed on Charles. We hold that simple automobile theft is not a crime of violence. We therefore VACATE Charles’ sentence and REMAND for re-sentencing.
I
The defendant, Joseph Clifton Charles, pled guilty in this case to possession of a firearm as a felon, in violation of 18 U.S.C. *311§ 922(g)(1).1 Earlier, in July 1997, Charles had been…
2Cases cited12 opinions
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Stinson v. United StatesSupreme Court of the United States · 1993
- Williams v. United StatesSupreme Court of the United States · 1992
- United States v. Moises Chapa-Garza, Also Known as Moises Garza, Also Known as Moises Garza Chapa, Also Known as Moises G Chapa, Also Known as Moises Chapa, United States of America v. Julian Ricardo Goytia-Campos, Also Known as Julian Ricardo Goitia-Campos, United States of America v. Alfonso Guadalupe Perez-Velazquez, Also Known as Erick Lee, United States of America v. Francisco Javier Saldana-Roldan, United States of America v. Epifanio Ivarbo-Martell, Also Known as El ChinoCourt of Appeals for the Fifth Circuit · 2001
- United States v. Steven L. ParsonCourt of Appeals for the Third Circuit · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- United States v. Valenzuela-QuevedoCourt of Appeals for the Fifth Circuit · 2005
- United States v. Wayland HinkleCourt of Appeals for the Fifth Circuit · 2016
- United States v. LeeCourt of Appeals for the Fifth Circuit · 2004
- United States v. WilliamsCourt of Appeals for the Eighth Circuit · 2008
- United States v. Marlon Dale Sun Bear, A/K/A Dale Sun Bear, A/K/A Ben JamesCourt of Appeals for the Eighth Circuit · 2002
97 more not listed; retrieve them via the Exa API.