Legal Opinion
United States v. Smith
Court of Appeals for the Tenth Circuit
Decided January 4, 2006No. 04-5085PublishedCited by 11 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
This appeal presents the interesting question of how to interpret the United States Sentencing Guidelines when the application notes suggest a broader interpretation than the plain language.
I
Defendant Clyde Smith pleaded guilty to possession of a firearm and ammunition after former conviction of a felony, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The Presentence Investigation Report (“PSR”) calculated his base offense level under § 2K2.1(a)(2) of the Federal Sentencing Guidelines, which provides for a base offense level of 24, “if the defendant committed…
2Cases cited9 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Stinson v. United StatesSupreme Court of the United States · 1993
- United States v. ZamoraCourt of Appeals for the Tenth Circuit · 2000
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. KaramCourt of Appeals for the Tenth Circuit · 2007
- United States v. MadkinsCourt of Appeals for the Tenth Circuit · 2017
- United States v. MorrisCourt of Appeals for the Tenth Circuit · 2009
- United States v. Brian DyerCourt of Appeals for the Seventh Circuit · 2006
- Quincy Blue v. Eric WilliamsCourt of Appeals for the Seventh Circuit · 2020
6 more not listed; retrieve them via the Exa API.