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Legal Opinion

United States v. Hammons

Court of Appeals for the Tenth Circuit

Decided July 7, 2017No. 16-6024PublishedCited by 19 opinions

1Opinion of the Court

EBEL, Circuit Judge.

This case presents the question whether Oklahoma's drive-by shooting statute, Okla. Stat. tit. 21, § 652(B), qualifies as a violent felony under the federal Armed Career Criminal Act (ACCA). We hold that it does. Accordingly, we AFFIRM.

I. BACKGROUND

In 2004, Britt Hammons pleaded guilty in federal court to possessing a firearm as a felon. His criminal history included three prior convictions under Oklahoma’s drive-by shooting statute, Okla. Stat. tit. 21, § 652(B) (1992). It is undisputed that, at the time of sentencing, Hammons qualified for the ACCA’s fifteen-year…

2Cases cited14 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Descamps v. United StatesSupreme Court of the United States · 2013
  3. Johnson v. United StatesSupreme Court of the United States · 2010
  4. Welch v. United StatesSupreme Court of the United States · 2016
  5. Leocal v. AshcroftSupreme Court of the United States · 2004

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

3Cited by19 opinions

  1. United States v. OntiverosCourt of Appeals for the Tenth Circuit · 2017
  2. United States v. PamCourt of Appeals for the Tenth Circuit · 2017
  3. United States v. DegeareCourt of Appeals for the Tenth Circuit · 2018
  4. United States v. JeffersonCourt of Appeals for the Tenth Circuit · 2018
  5. United States v. MannCourt of Appeals for the Tenth Circuit · 2018

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

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