Legal Opinion
United States v. Gomez-Gomez
Court of Appeals for the Fifth Circuit
Decided October 21, 2008No. 05-41461PublishedCited by 17 opinions
1Opinion of the Court
E. GRADY JOLLY and BENAVIDES, Circuit Judges:
This case presents the question of whether a sex offense committed using constructive force, i.e., nonphysical force, may qualify as a “forcible sex offense” and thereby a “crime of violence” under U.S.S.G. § 2L1.2(b)(l)(A). Jorge Gomez-Gomez appeals the district court’s holding that his prior conviction under California’s rape statute was a conviction for a crime of violence under § 2L1.2(b)(l)(A) because it was a forcible sex offense. A unanimous panel of this Court vacated Gomez-Gomez’s sentence and remanded the case for resentencing, finding…
2Cases cited13 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. Cisneros-GutierrezCourt of Appeals for the Fifth Circuit · 2008
- United States v. Fortino Saucedo VillegasCourt of Appeals for the Fifth Circuit · 2005
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. Jose Rico-MejiaCourt of Appeals for the Fifth Circuit · 2017
- United States v. Ruiz-ApolonioCourt of Appeals for the Ninth Circuit · 2011
- United States v. HerreraCourt of Appeals for the Fifth Circuit · 2011
- United States v. Adan Garcia-FigueroaCourt of Appeals for the Fifth Circuit · 2014
- United States v. Diaz-CoradoCourt of Appeals for the Fifth Circuit · 2011
12 more not listed; retrieve them via the Exa API.