Cases

United States Court of Appeals For the First Circuit No. 19-2098 UNITED STATES OF AMERICA, Appellee, v. OSCAR J. MARTÍNEZ-HERNÁNDEZ, a/k/a "Cali," Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Gustavo A. Gelpí, U.S. District Judge]

The opinion filed on January 9, 2019, and published at 912 F.3d 1207, is amended by the opinion filed concurrently with this order. With these amendments, the panel has voted to deny the petitions for panel rehearing. Judges Rawlinson and Hurwitz have also voted to deny the petitions for rehearing en banc, and Judge Melloy so recom

PER CURIAM: * The Federal Public Defender appointed to represent Juan Antonio Martinez-Hernandez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Martinez-Hernandez has not filed a response. We have reviewed counsel’s

PER CURIAM: * The Federal Public Defender appointed to represent Juan Antonio Martinez-Hernandez-has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Martinez-Hernandez has hot filed a response. We have reviewed counsel’s b

United States Court of Appeals For the First Circuit Nos. 13-1450 15-1254 UNITED STATES OF AMERICA, Appellee, v. OSCAR J. MARTÍNEZ-HERNÁNDEZ, a/k/a Cali, Defendant, Appellant. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Daniel R. Domínguez, U.S. Dist

ARNOLD, Circuit Judge, dissenting. Sergio Martinez-Hernandez was sentenced to 235 months in prison for transporting an eleven-year-old girl in interstate commerce with the intent to engage in sexual activity with her. His guilt is not in dispute, and the sole issue on appeal is the propriety of the district court’s imposition of a sentencing enhancement because Mr. Martinez-Hernandez abducted his victim. The enh

MEMORANDUM * Julio Martinez-Hernandez (“Martinez”) appeals his conviction for being an alien found in the United States without permission following deportation pursuant to 8 U.S.C. § 1326, contending that he was incompetent to stand trial. We reverse. We review Martinez’s argument concerning his competency to stand trial for clear error. United States v. Frank, 956 F.2d 872,

MEMORANDUM * Julio Martinez-Hernandez (“Martinez”) appeals his conviction for being an alien found in the United States without permission following deportation pursuant to 8 U.S.C. § 1326, contending that he was incompetent to stand trial. We reverse. We review Martinez’s argument concerning his competency to stand trial for clear error. United States v. Frank, 956 F.2d 872,

McCONNELL, Circuit Judge. This case requires us to determine whether a prior California conviction for possession of a weapon was a “firearms offense” within the meaning of the Sentencing Guidelines, § U.S.S.G. 2L1.2(b)(l)(A), where the state statute under which the defendant was convicted encompassed a wide variety of weapons, including many that are not firearms, but the pol

PER CURIAM.* Horacio Martinez-Hernandez appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Martinez-Hernandez contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a se

MEMORANDUM *** Jose Cruz Martinez-Hernandez pled guilty to being found in the United States after having been officially deported, in violation of 8 U.S.C. § 1326(a). He was given a 16-level sentencing enhancement under U.S.S.G. § 2L1.2(b)(l)(A) for having committed an aggravated felony prior to deportation. The 16-level enhancement does not violate the Supreme Court’s holding in Ap

775 F.2d 299 *U.S.v.Martinez-Hernandez 85-1086 United States Court of Appeals,Fifth Circuit. 10/3/85 1 W.D.Tex. AFFIRMED 2 ---------------

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-50423 Plaintiff-Appellee, D.C. No. v. 3:15-cr-02876-JAH-1 JOSUE MARTINEZ-HERNANDEZ, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding UNI

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-50423 Plaintiff-Appellee, D.C. No. v. 3:15-cr-02876-JAH-1 JOSUE MARTINEZ-HERNANDEZ, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding UNI

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

BERZON, Circuit Judge: These consolidated appeals were brought by defendants seeking to reduce their sentences for drug-related crimes. They invoke 18 U.S.C. § 3582(c)(2), which allows a court to reduce in certain circumstances a previously imposed sentence, and contend that the Supreme Court's recent interpretat

573 F.2d 1316 U. S.v.Martinez-Hernandez No. 77-3849 United States Court of Appeals, Ninth Circuit 4/14/78 1 E.D.Cal. AFFIRMED

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-30309 Plaintiff-Appellee, D.C. No. v. 3:98-cr-00572- MO-8 JOSE LUIS HERNANDEZ-MARTINEZ, AKA Efigenio Aispuro-Aispuro, Defendant-Appellant. UNITED STATES OF AMERICA, No. 15-30310