Legal Opinion

United States v. Hernandez

Court of Appeals for the Tenth Circuit

Decided August 23, 2011No. 10-8086PublishedCited by 19 opinions

1Opinion of the Court

GORSUCH, Circuit Judge.

Brice Hernandez claims that he is stuck in a vicious cycle. Originally convicted of possessing an unregistered firearm seven years ago, he served his time and won supervised release. But when he violated the conditions imposed on his release he found himself back in prison. Over the years this process has now repeated itself no fewer than four times. In this appeal, Mr. Hernandez asks us to undo his latest prison sentence, arguing that the district court’s view of the statutory revocation authority granted it by 18 U.S.C. § 3583(e)(3) means defendants like him can be…

2Cases cited17 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Pennsylvania Department of Corrections v. YeskeySupreme Court of the United States · 1998
  3. Johnson v. United StatesSupreme Court of the United States · 2000
  4. Carter v. United StatesSupreme Court of the United States · 2000
  5. Brogan v. United StatesSupreme Court of the United States · 1998

12 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. United States v. LamirandCourt of Appeals for the Tenth Circuit · 2012
  2. United States v. Steven PerryCourt of Appeals for the Seventh Circuit · 2014
  3. United States v. CollinsCourt of Appeals for the Tenth Circuit · 2017
  4. United States v. Emmett SpencerCourt of Appeals for the D.C. Circuit · 2013
  5. United States v. Eric SearsCourt of Appeals for the Sixth Circuit · 2022

14 more not listed; retrieve them via the Exa API.

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