Legal Opinion

United States v. Espinoza

District Court, D. Nevada

Decided May 30, 2019No. Case No.: 2:18-cr-00328-JAD-NJKPublished

1Opinion of the Court

U.S. District Judge Jennifer A. Dorsey

Defendant Edgar Espinoza pled guilty to one count of being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1). In its Presentence Investigation Report (PSR), the U.S. Probation Office calculated Espinoza's base-offense level as 20 based on its determination that his prior conviction for Nevada third-degree arson, NRS 20.020, constitutes a crime of violence.1 Espinoza objects to that calculation, arguing that Nevada arson is broader than the generic definition of arson-and thus not categorically a crime of violence-because a defendant can be…

2Cases cited24 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Pinkerton v. United StatesSupreme Court of the United States · 1946
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Stinson v. United StatesSupreme Court of the United States · 1993
  5. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945

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