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Legal Opinion

United States v. Hernandez

Court of Appeals for the Tenth Circuit

Decided June 16, 2009No. 08-6190PublishedCited by 23 opinions

1Opinion of the Court

TYMKOVICH, Circuit Judge.

Alex Joe Hernandez appeals the district court’s conclusion that his deadly conduct conviction under Texas law constitutes a prior violent felony under the Armed Career Criminal Act (ACCA). We agree that Hernandez’s conviction under Texas Penal Code § 22.05(b)(1) for firing a gun at or in the direction of another person constitutes a violent felony because it involves the use, attempted use or threatened use of physical force against another person. We therefore AFFIRM.

I. Background

Hernandez pleaded guilty to violating 18 U.S.C. § 922(g)(1), and the government sought…

2Cases cited11 opinions

  1. United States v. Zuniga-SotoCourt of Appeals for the Tenth Circuit · 2008
  2. United States v. WestCourt of Appeals for the Tenth Circuit · 2008
  3. United States v. WhiteCourt of Appeals for the Fifth Circuit · 2001
  4. United States v. WilliamsCourt of Appeals for the Tenth Circuit · 2009
  5. United States v. HerronCourt of Appeals for the Tenth Circuit · 2005

6 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. United States v. FordCourt of Appeals for the Tenth Circuit · 2010
  2. United States v. Ramon SilvaCourt of Appeals for the Tenth Circuit · 2010
  3. United States v. PamCourt of Appeals for the Tenth Circuit · 2017
  4. United States v. WashingtonCourt of Appeals for the Tenth Circuit · 2018
  5. United States v. Mario EstrellaCourt of Appeals for the Eleventh Circuit · 2014

18 more not listed; retrieve them via the Exa API.

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