Legal Opinion
United States v. Martinez-Hernandez
Court of Appeals for the Tenth Circuit
Decided September 2, 2005No. 04-2101PublishedCited by 29 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
This case requires us to determine whether a prior California conviction for possession of a weapon was a “firearms offense” within the meaning of the Sentencing Guidelines, § U.S.S.G. 2L1.2(b)(l)(A), where the state statute under which the defendant was convicted encompassed a wide variety of weapons, including many that are not firearms, but the police report indicated that the defendant’s weapon was a sawed-off shotgun.
I
In February 2003, a border patrol agent encountered Mr. Martinez, a citizen of Mexico, near Columbus, New Mexico without documentation allowing him…
2Cases cited13 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005
- United States v. Richard Eugene SmithCourt of Appeals for the Tenth Circuit · 1993
- United States v. Jose Luis Navidad-MarcosCourt of Appeals for the Ninth Circuit · 2004
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
- United States v. Zubia-TorresCourt of Appeals for the Tenth Circuit · 2008
- United States v. Zuniga-SotoCourt of Appeals for the Tenth Circuit · 2008
- United States v. GiesweinCourt of Appeals for the Tenth Circuit · 2018
- United States v. HaysCourt of Appeals for the Tenth Circuit · 2008
24 more not listed; retrieve them via the Exa API.