Legal Opinion
United States v. Otero
Court of Appeals for the Third Circuit
Decided September 12, 2007No. 05-3739PublishedCited by 85 opinions
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
Demetrio Otero appeals from an order denying his pro se petition for habeas corpus relief under 28 U.S.C. § 2255. Otero alleged in his petition that his trial counsel was ineffective for failing to object at his sentencing to a 16-point offense level increase which resulted from an earlier conviction for simple assault. He argued there, as here, that simple assault is not a “crime of violence,” and, hence, his conviction does not support the 16-point enhancement the District Court imposed. The District Court denied his habeas petition. We will…
2Cases cited20 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Haines v. KernerSupreme Court of the United States · 1972
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Mark Mitchell v. Martin F. HornCourt of Appeals for the Third Circuit · 2003
15 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Rainey v. VarnerCourt of Appeals for the Third Circuit · 2010
- United States v. Palomino GarciaCourt of Appeals for the Eleventh Circuit · 2010
- United States v. JohnsonCourt of Appeals for the Third Circuit · 2009
- Egolf v. WitmerCourt of Appeals for the Third Circuit · 2008
- Hilton Mincy v. DeParlosCourt of Appeals for the Third Circuit · 2012
80 more not listed; retrieve them via the Exa API.