Legal Opinion

United States v. Hans Cabrera-Umanzor

Court of Appeals for the Fourth Circuit

Decided August 26, 2013No. 11-4621PublishedCited by 74 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which 'Judge NIEMEYER and Judge MOTZ joined.

TRAXLER, Chief Judge:

Hans Cabrera-Umanzor pleaded guilty to unlawful re-entry of a removed alien after an aggravated felony conviction. See 8 U.S.C. § 1326(a)(1). Applying what is generally referred to as the “modified categorical approach,” the district court determined that Cabrera’s prior conviction under Maryland’s child abuse statute was a “crime of violence” under U.S.S.G. § 2L1.2(b)(l)(A)(ii). The district court therefore increased Cabrera’s base offense by…

2Cases cited12 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Descamps v. United StatesSupreme Court of the United States · 2013
  3. United States v. Diaz-IbarraCourt of Appeals for the Fourth Circuit · 2008
  4. United States v. Mirna GomezCourt of Appeals for the Fourth Circuit · 2012
  5. United States v. PetersonCourt of Appeals for the Fourth Circuit · 2011

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3Cited by74 opinions

  1. Mathis v. United StatesSupreme Court of the United States · 2016
  2. United States v. Daniel MathisCourt of Appeals for the Fourth Circuit · 2019
  3. United States v. Frank M. HowardCourt of Appeals for the Eleventh Circuit · 2014
  4. United States v. Kevin FuertesCourt of Appeals for the Fourth Circuit · 2015
  5. Sayed Omargharib v. Eric Holder, Jr.Court of Appeals for the Fourth Circuit · 2014

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

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