Legal Opinion
United States v. Martinez
Court of Appeals for the Fifth Circuit
Decided November 28, 2001No. 00-50436PublishedCited by 22 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Cynthia Lyda, formerly Cynthia Martinez, appeals a sentence of thirty-two years’ imprisonment under the Assimila-tive Crimes Act, 18 U.S.C. § 13 (“ACA”), which requires the district court to impose a punishment “like” the ten-year maximum imposed under Texas’s concurrent sentencing requirements. 1 We agree that, under the facts of this case, a federal sentence more than three times the length of the sentence Lyda would have received under state law is not “like” the state punishment. We vacate the judgment of sentence and remand for resentencing to a term of no…
2Cases cited33 opinions
- LaPorte v. StateCourt of Criminal Appeals of Texas · 1992
- United States v. SharpnackSupreme Court of the United States · 1958
- United States v. Horst Werner Joetzki, United States of America v. Lawrence Carl GisnerCourt of Appeals for the Ninth Circuit · 1991
- Ex Parte McJunkinsCourt of Criminal Appeals of Texas · 1997
- United States v. Jesus M. Quinones, A/K/A Jesus M. Quinones-RodriguezCourt of Appeals for the First Circuit · 1994
28 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. Samuel Saldana, Jr., United States of America v. Saul SaldanaCourt of Appeals for the Fifth Circuit · 2005
- United States v. ChristieCourt of Appeals for the Tenth Circuit · 2013
- United States v. Monroe Evans, Also Known as Ty, Also Known as DaddyCourt of Appeals for the Eighth Circuit · 2003
- United States v. ChapmanCourt of Appeals for the Tenth Circuit · 2016
- United States v. Carolyn JacksonCourt of Appeals for the Third Circuit · 2017
17 more not listed; retrieve them via the Exa API.