Legal Opinion

United States v. Salas

Court of Appeals for the Tenth Circuit

Decided May 4, 2018No. 16-2170PublishedCited by 84 opinions

1Opinion of the Court

KELLY, Circuit Judge.

Defendant-Appellant Clifford Raymond Salas was found guilty of various arson-related offenses, and he now appeals from his conviction and sentence under 18 U.S.C. § 924 (c)(1) for using a destructive device in furtherance of a crime of violence. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we remand to the district court with instructions to vacate Mr. Salas's § 924(c)(1) conviction and resentence him because § 924(c)(3)(B), the provision defining a "crime of violence" for the purposes of his conviction, is unconstitutionally vague.

Background

A…

2Cases cited31 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  3. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  4. James v. United StatesSupreme Court of the United States · 2007
  5. Sessions v. DimayaSupreme Court of the United States · 2018

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3Cited by84 opinions

  1. United States v. DavisSupreme Court of the United States · 2019
  2. United States v. Joseph SimmsCourt of Appeals for the Fourth Circuit · 2019
  3. Irma Ovalles v. United StatesCourt of Appeals for the Eleventh Circuit · 2018
  4. United States v. Melgar-CabreraCourt of Appeals for the Tenth Circuit · 2018
  5. United States v. Royel PageCourt of Appeals for the Seventh Circuit · 2024

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