United States v. Ontiveros
Court of Appeals for the Tenth Circuit
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
- Johnson v. United StatesSupreme Court of the United States · 2015
- Descamps v. United StatesSupreme Court of the United States · 2013
- Johnson v. United StatesSupreme Court of the United States · 2010
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- United States v. HillCourt of Appeals for the Second Circuit · 2016
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- Lassend v. United StatesCourt of Appeals for the First Circuit · 2018
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