Legal Opinion
United States v. Jimmy O. Soto-Martinez
Court of Appeals for the Fifth Circuit
Decided January 6, 2003No. 02-20384PublishedCited by 7 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This appeal presents the issue whether a defendant’s statement that “I have a gun” during the commission of a bank robbery constitutes a “threat of death,” thus warranting a two-level increase in the offense level pursuant to U.S. Sentencing Guideline § 2B3.1(b)(2)(F). We have not addressed this issue since the amendment of the guideline in November 1997 removed a requirement that the threat of death be “express.” We now conclude that such a statement may qualify as a “threat of death” and affirm the sentence imposed by the district court.
Jimmy 0.…
2Cases cited7 opinions
- United States v. GuerreroCourt of Appeals for the Fifth Circuit · 1999
- United States v. Rebecca GibsonCourt of Appeals for the Seventh Circuit · 1998
- United States v. Ricardo A. GonzalesCourt of Appeals for the Fifth Circuit · 1994
- United States v. Norman P. MurphyCourt of Appeals for the Eleventh Circuit · 2002
- United States v. Roger Lee DayCourt of Appeals for the Third Circuit · 2001
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. David Frank Jennings, A/K/A Mike Frank StoutCourt of Appeals for the Ninth Circuit · 2006
- United States v. David Frank Jennings, A/K/A Mike Frank StoutCourt of Appeals for the Ninth Circuit · 2006
- United States v. Jacoby Bryan EasterlingCourt of Appeals for the Eleventh Circuit · 2019
- United States v. James WootenCourt of Appeals for the Sixth Circuit · 2012
- United States v. James WootenCourt of Appeals for the Sixth Circuit · 2012
2 more not listed; retrieve them via the Exa API.