U.S. v. GUTIERREZ

No. 16-35583.

876 F.3d 1254 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel Luis GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2017.


Attorney(s) appearing for the Case

Matthew Campbell , Federal Defenders of Eastern Washington & Idaho, Spokane, Washington, for Defendant-Appellant.

Thomas J. Hanlon , Assistant United States Attorney; Michael C. Ormsby , United States Attorney; Joseph H. Harrington , Acting United States Attorney; United States Attorney's Office, Yakima, Washington; for Plaintiff-Appellee.

Before: Diarmuid F. O'Scannlain, Richard C. Tallman, and Paul J. Watford, Circuit Judges.


OPINION

The sole question presented by this appeal is whether the federal offense of carjacking is a "crime of violence" under 18 U.S.C. § 924(c). We hold that it is.

The facts underlying this case are simple and not in dispute. Samuel Gutierrez approached a woman in a parking lot, pointed a silver handgun at her, and...

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