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Legal Opinion

United States v. Daniel Espinoza

Court of Appeals for the Fifth Circuit

Decided September 17, 2013No. 11-50766PublishedCited by 18 opinions

1Opinion of the Court

CARL E. STEWART, Chief Judge:

The Armed Career Criminal Act (“ACCA”) imposes a mandatory 15-year term of imprisonment upon convicted felons who unlawfully possess a firearm and have three or more prior convictions for committing violent felonies. 18 U.S.C. § 924(e)(1) (2006). The question before this court is whether a violation of Texas Penal Code § 22.01 constitutes a violent felony as defined by the ACCA. The district court held. that it does. We AFFIRM.

I. FACTUAL AND PROCEDURAL BACKGROUND

Daniel Raul Espinoza pleaded guilty to being a felon in possession of a firearm in violation of 18…

2Cases cited13 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. Begay v. United StatesSupreme Court of the United States · 2008
  5. United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005

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3Cited by18 opinions

  1. United States v. Curtis HowellCourt of Appeals for the Fifth Circuit · 2016
  2. United States v. Ricardo MarreroCourt of Appeals for the Third Circuit · 2014
  3. United States v. Samuel Conde-CastanedaCourt of Appeals for the Fifth Circuit · 2014
  4. United States v. Andres Sanchez-EspinalCourt of Appeals for the Fifth Circuit · 2014
  5. United States v. VoisineCourt of Appeals for the First Circuit · 2015

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

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