Legal Opinion

United States v. Ontiveros

Court of Appeals for the Tenth Circuit

Decided November 7, 2017No. 16-1362PublishedCited by 44 opinions

1Opinion of the Court

KELLY, Circuit Judge;

Defendant-Appellant, Tito Ontiveros, appeals from the district court judgment re-sentencing him following the vacation of his original sentence as a result of the Supreme Court’s decision in Johnson v. United States (“Johnson II”), — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). Our jurisdiction arises under 28 U.S.C. § 1291 and we affirm.

Background

Mr. Ontiveros was convicted by a jury of being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1), and possessing an unregistered firearm, 26 U.S.C. § 5861(d). After finding that Mr. Ontiveros qualified as an armed…

2Cases cited22 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Descamps v. United StatesSupreme Court of the United States · 2013
  3. Johnson v. United StatesSupreme Court of the United States · 2010
  4. United States v. CastlemanSupreme Court of the United States · 2014
  5. United States v. HillCourt of Appeals for the Second Circuit · 2016

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

3Cited by44 opinions

  1. United States v. Melgar-CabreraCourt of Appeals for the Tenth Circuit · 2018
  2. United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
  3. United States v. ScottCourt of Appeals for the Second Circuit · 2021
  4. United States v. KendallCourt of Appeals for the Tenth Circuit · 2017
  5. Lassend v. United StatesCourt of Appeals for the First Circuit · 2018

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

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