Legal Opinion

United States v. Jose Henriquez

Court of Appeals for the Fourth Circuit

Decided June 27, 2014No. 13-4238PublishedCited by 15 opinions

1Opinion of the Court

Vacated and remanded by published opinion. Judge WYNN wrote the majority opinion, in which Chief Judge TRAXLER joined. Judge MOTZ wrote a dissenting opinion.

WYNN, Circuit Judge:

Under the United States Sentencing Guidelines, judges may increase the sen*146tences of defendants previously convicted of violent crimes. Generic burglary has been deemed a crime of violence sufficient to support such an enhanced sentence. At issue in this case is whether first degree burglary in Maryland constitutes a generic burglary, i.e., a crime of violence that can support a sentence enhancement under United States…

2Cases cited12 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. Johnson v. FankellSupreme Court of the United States · 1997
  5. United States v. Timothy Allen WennerCourt of Appeals for the Ninth Circuit · 2003

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3Cited by15 opinions

  1. United States v. Desmond WhiteCourt of Appeals for the Fourth Circuit · 2016
  2. United States v. Shahid MuslimCourt of Appeals for the Fourth Circuit · 2019
  3. United States v. Edgar Parral-DominguezCourt of Appeals for the Fourth Circuit · 2015
  4. Jeisson Uribe v. Jefferson Sessions IIICourt of Appeals for the Fourth Circuit · 2017
  5. United States v. Jose Gabriel Garcia-MartinezCourt of Appeals for the Eleventh Circuit · 2017

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