Legal Opinion
United States v. Espinoza
Court of Appeals for the Fifth Circuit
Decided April 17, 2012No. 11-50369PublishedCited by 21 opinions
1Opinion of the Court
OWEN, Circuit Judge.
Defendant Nicholas Espinoza appeals from his sentence after pleading guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Because restitution to a pawn shop to which Espinoza sold stolen firearms that he unlawfully possessed was not authorized by 18 U.S.C. § 3663 under the facts of this case, we vacate and remand for resentencing. We additionally conclude that the district court plainly erred in calculating Espinoza’s criminal history but do not reach the question of whether that error affected Espinoza’s substantial rights since…
2Cases cited31 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- United States v. YoungSupreme Court of the United States · 1985
- Puckett v. United StatesSupreme Court of the United States · 2009
- Hughey v. United StatesSupreme Court of the United States · 1990
- United States v. JohnCourt of Appeals for the Fifth Circuit · 2010
26 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Roberto Trinidad Del Carpio FrescasCourt of Appeals for the Fifth Circuit · 2019
- United States v. Lendell BeachamCourt of Appeals for the Fifth Circuit · 2014
- United States v. Viju MathewCourt of Appeals for the Fifth Circuit · 2019
- United States v. Hermenegildo Avalos-MartinezCourt of Appeals for the Fifth Circuit · 2012
- United States v. Alvin PennCourt of Appeals for the Fifth Circuit · 2020
16 more not listed; retrieve them via the Exa API.