Legal Opinion
UNITED STATES of America, Plaintiff-Appellee, v. Michael Lee SPARKS, Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided June 21, 1996No. 95-10264PublishedCited by 17 opinions
1Opinion of the Court
NOONAN, Circuit Judge:
Michael Lee Sparks appeals his conviction of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) and of possession of a short-barrel shotgun in violation of 26 U.S.C. §§ 5861(d), 5845(a) and 5871 and his sentencing as an armed career criminal under 18 U.S.C. § 924(e). We affirm the judgments of the convictions but reverse and remand for re-sentencing, holding that the crime of attempted home invasion, as defined by Nevada law, is not a crime that presents a serious potential risk of physical injury to another.
FACTS
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2Cases cited14 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Bumper v. North CarolinaSupreme Court of the United States · 1968
- People v. DillonCalifornia Supreme Court · 1983
- United States v. Lewis M. Dischner, United States of America v. Carl W. MathisenCourt of Appeals for the Ninth Circuit · 1992
- United States v. Anthony Bruce CannonCourt of Appeals for the Ninth Circuit · 1994
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. BaroneSupreme Court of New Jersey · 1997
- United States v. Brett Wayne WoffordCourt of Appeals for the Ninth Circuit · 1997
- United States v. Henry Nash RileyCourt of Appeals for the Ninth Circuit · 1999
- United States v. Nicholas J. McWeeneyCourt of Appeals for the Ninth Circuit · 2006
- United States v. Maquel Sarbia, AKA Jesus VizcarraCourt of Appeals for the Ninth Circuit · 2004
12 more not listed; retrieve them via the Exa API.