Legal Opinion

United States v. Hornsby

Court of Appeals for the Fifth Circuit

Decided July 9, 1996No. 95-40993PublishedCited by 37 opinions

1Per curiam

Primarily at issue is whether the sentencing guideline for kidnapping was the guideline most analogous to the offense conduct to which Michael Wayne Hornsby pleaded guilty — interstate domestic violence — and for which no guideline had been promulgated. Hornsby challenges his sentence on this and two other bases; we AFFIRM.

I

On June 13, 1995, in Brookeland, Texas, Hornsby approached his former girlfriend and asked to speak to her. When she refused, Hornsby choked her until she was unconscious, placed her in her automobile, and took her to Louisiana, where he was apprehended.

Hornsby was…

2Cases cited4 opinions

  1. United States v. Richard Young AlfaroCourt of Appeals for the Fifth Circuit · 1990
  2. United States v. Castaneda-CantuCourt of Appeals for the Fifth Circuit · 1994
  3. United States v. Robert Francis ShanoCourt of Appeals for the Fifth Circuit · 1992
  4. United States v. James Lee SmertneckCourt of Appeals for the Fifth Circuit · 1992

3Cited by37 opinions

  1. United States v. NicholsCourt of Appeals for the Tenth Circuit · 1999
  2. United States v. Garcia-MendezCourt of Appeals for the Fifth Circuit · 2005
  3. United States v. Bulmaro Rayo-Valdez, AKA Bulmaro Valdez RayoCourt of Appeals for the Fifth Circuit · 2002
  4. United States v. Murillo-LopezCourt of Appeals for the Fifth Circuit · 2006
  5. United States v. CalbatCourt of Appeals for the Fifth Circuit · 2001

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