Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Sanchez

United States Court of Appeals, Fourth Circuit

June 5, 2018

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
DANIEL SANCHEZ, a/k/a Danny Myrick, Defendant-Appellant.

          Argued: May 8, 2018

          Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:03-cr-00184-RGD-FBS-1)

         ARGUED:

          Lawrence Hunter Woodward, Jr., RULOFF, SWAIN, HADDAD, MORECOCK, TALBERT & WOODWARD, P.C., Virginia Beach, Virginia, for Appellant.

          Richard Daniel Cooke, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

         ON BRIEF:

          Dana J. Boente, United States Attorney, Alexandria, Virginia, William D. Muhr, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

          Before WILKINSON, TRAXLER, and THACKER, Circuit Judges.

          WILKINSON, CIRCUIT JUDGE

         Daniel Sanchez was placed on supervision after serving a fifteen-year prison sentence for a federal firearm conviction pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Within three months, he had violated the terms of his supervised release by, among other things, threatening to kill his 14-year-old daughter and her mother. At his revocation hearing, Sanchez sought to contest the validity of his underlying sentence. The district court rejected this attempt on jurisdictional grounds and sentenced Sanchez to 13 months in prison and 47 months of supervised release. Because district courts lack jurisdiction in revocation proceedings to consider the validity of an underlying sentence, and because the new term of supervised release was in no way "plainly unreasonable, " United States v. Crudup, 461 F.3d 433, 437 (4th Cir. 2006), we affirm.

         I.

         We begin with a bit of procedural history. After Sanchez publicly beat the mother of his then-infant daughter while brandishing a firearm, he was arrested and pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The maximum sentence for this offense is 10 years imprisonment, with up to 3 years of supervised release. See id. §§ 924(a)(2), 3559(a)(3), 3583(b)(2). But because Sanchez had an extensive and violent criminal history, the Presentence Report (PSR) recommended that he be sentenced under ACCA. That statute mandates a 15-year minimum sentence for anyone convicted of Sanchez's offense who "has three previous convictions . . . for a violent felony." Id. § 924(e)(1). It also authorizes up to 5 years of supervised release.

         The PSR listed approximately 30 prior convictions, many for violent offenses. It highlighted a few of these convictions in making its ACCA recommendation, including multiple Massachusetts convictions for Assault and Battery with a Dangerous Weapon and one Massachusetts conviction for Armed Assault with Intent to Murder. The PSR accordingly recommended a sentence of 180 to 188 months in prison and 3 to 5 years of supervised release. Sanchez did not object to the PSR.

         After a hearing, the district court sentenced Sanchez under ACCA to 180 months imprisonment and 5 years of supervised release. Sanchez appealed his conviction and sentence, and we affirmed. United States v. Sanchez, 153 Fed.Appx. 212 (4th Cir. 2005) (per curiam). Sanchez then filed a motion attacking his sentence under 28 U.S.C. ยง 2255. That, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.