United States v. Geraldo Hernandez, Also Known as Gerardo Hernandez, Also Known as Juan Hernandez
Court of Appeals for the Second Circuit
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge:
Defendant Geraldo Hernandez appeals from a judgment convicting him of violating 18 U.S.C. § 922(g), which makes it a crime for a felon to possess a firearm. Hernandez conditioned his guilty plea on the right to appeal the district court’s denial of his motion to suppress the handgun that served as the basis for his § 922(g) conviction. Hernandez secondarily argues that if his conviction is not entirely vacated, he should at least be resentenced, because the district court “ignored and violated fundamental Guideline procedure” in sentencing him to 90 months’…
2Cases cited15 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- Michigan v. LongSupreme Court of the United States · 1983
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- United States v. TorresCourt of Appeals for the Second Circuit · 1990
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