Legal Opinion

United States v. Michael Martinez

Court of Appeals for the Ninth Circuit

Decided November 14, 2014No. 13-10563PublishedCited by 6 opinions

1Opinion of the Court

OPINION

OWENS, Circuit Judge:

Michael Anthony Martinez appeals his fifteen-year mandatory-minimum sentence imposed under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). Martinez contends that the district court erred in concluding that his prior conviction under California Vehicle Code § 2800.2, vehicle flight from a pursuing peace officer, was a “violent felony” under the ACCA’s residual clause, 18 U.S.C. § 924(e)(2)(B)(ii). We affirm. 1

I. BACKGROUND

Martinez pled guilty to being a felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1). At sentencing, the parties…

2Cases cited27 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Descamps v. United StatesSupreme Court of the United States · 2013
  3. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  4. Begay v. United StatesSupreme Court of the United States · 2008
  5. James v. United StatesSupreme Court of the United States · 2007

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3Cited by6 opinions

  1. United States v. Xochitl Garcia-SantanaCourt of Appeals for the Ninth Circuit · 2014
  2. United States v. GarciaDistrict Court, N.D. California · 2016
  3. United States v. SavageDistrict Court, C.D. California · 2017
  4. United States v. KennedyDistrict Court, E.D. California · 2016
  5. Crites-Bachert v. Providence Health & Services - OregonDistrict Court, D. Oregon · 2025

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