Legal Opinion
United States v. Bryan Lynn Shumate
Court of Appeals for the Ninth Circuit
Decided May 20, 2003No. 01-50610PublishedCited by 57 opinions
1Opinion of the Court
OPINION
FERNANDEZ, Circuit Judge:
Bryan Lynn Shumate was convicted by guilty plea and sentenced for importation of marijuana. See 21 U.S.C. §§ 952, 960. The district court used an Oregon drug conviction in deciding that he was a career offender. See USSG § 4B1.1.1 Shumate claims that from a categorical perspective, the conviction was not a qualifying one. We disagree and affirm.
BACKGROUND
In March 2001, Shumate was arrested at the San Ysidro Port of Entry when custom inspectors found 34 packages of marijuana concealed in various places in an automo*1028bile that he was driving. He was the sole…
2Cases cited13 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002
- United States v. Javier Rivera-Sanchez, A/K/A Jose SanchezCourt of Appeals for the Ninth Circuit · 2001
- United States v. William George HowardCourt of Appeals for the Ninth Circuit · 1990
- United States v. Ronald JordanCourt of Appeals for the Ninth Circuit · 2001
8 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- United States v. VidalCourt of Appeals for the Ninth Circuit · 2007
- United States v. Gilberto Pimentel-FloresCourt of Appeals for the Ninth Circuit · 2003
- United States v. Frazer Scott PiccoloCourt of Appeals for the Ninth Circuit · 2006
- United States v. David Lopez-MontanezCourt of Appeals for the Ninth Circuit · 2005
- United States v. Nobel J. KellyCourt of Appeals for the Ninth Circuit · 2005
52 more not listed; retrieve them via the Exa API.