Legal Opinion
United States v. James R. Garner
Court of Appeals for the Ninth Circuit
Decided June 18, 2007No. 06-10417PublishedCited by 21 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge.
This appeal tests the temporal and relational limits of prior conduct as a sentencing enhancement. In it, James Garner (“Garner”), sentenced to 262 months following his guilty plea conviction for two counts of attempted receipt of visual depictions of a minor engaged in sexually explicit conduct and six counts of distribution of visual depictions of a minor engaged in sexually explicit conduct, all in violation of 18 U.S.C. § 2252(a)(2), contends the district court erred by using thirty-five-year-old conduct to enhance his sentence and that his resulting…
2Cases cited16 opinions
- Smith v. DoeSupreme Court of the United States · 2003
- Chapman v. United StatesSupreme Court of the United States · 1991
- Parke v. RaleySupreme Court of the United States · 1993
- McKune v. LileSupreme Court of the United States · 2002
- United States v. Rodney Robert Kimbrew, A.K.A. Carlton CochranCourt of Appeals for the Ninth Circuit · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. ReingoldCourt of Appeals for the Second Circuit · 2013
- United States v. TurnerCourt of Appeals for the Eleventh Circuit · 2010
- United States v. RamosCourt of Appeals for the Tenth Circuit · 2012
- United States v. OlfanoCourt of Appeals for the Third Circuit · 2007
- United States v. BaconCourt of Appeals for the Fifth Circuit · 2011
16 more not listed; retrieve them via the Exa API.