Legal Opinion
Moises Perez v. United States
Court of Appeals for the Sixth Circuit
Decided March 26, 2018No. 17-3419PublishedCited by 11 opinions
1Opinion of the CourtSutton, J., joined by Cleland, D.J.,
MERRITT, J. (pg. 992), delivered a separate dissenting opinion.
Moises Perez pleaded guilty to being a felon in possession of a firearm. The court deemed Perez an armed career criminal and sentenced him to 210 months. Our court affirmed the sentence. Perez filed this § 2255 motion, claiming his prior conviction for New York second degree robbery should not have qualified as a predicate violent felony under the Armed Career Criminal Act. The district court denied relief. Because the state robbery offense requires the defendant to "use[ ] or threaten[ ] the immediate use of physical force upon…
2Cases cited26 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Taylor v. United StatesSupreme Court of the United States · 1990
- Johnson v. United StatesSupreme Court of the United States · 2015
- Shepard v. United StatesSupreme Court of the United States · 2005
- Mathis v. United StatesSupreme Court of the United States · 2016
21 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. Le' Ardrus BurrisCourt of Appeals for the Sixth Circuit · 2019
- United States v. Fernando Sanchez, Jr.Court of Appeals for the Eleventh Circuit · 2019
- United States v. Jeffery HavisCourt of Appeals for the Sixth Circuit · 2018
- Duryane Chaney v. United StatesCourt of Appeals for the Sixth Circuit · 2019
- United States v. Ramone WilliamsCourt of Appeals for the Eighth Circuit · 2018
6 more not listed; retrieve them via the Exa API.