Quimbee logo
DMCA.com Protection Status

United States v. Ramirez-Garcia

646 F.3d 778 (2011)

Case BriefRelatedOptions
From our private database of 35,800+ case briefs...

United States v. Ramirez-Garcia

United States Court of Appeals for the Eleventh Circuit

646 F.3d 778 (2011)

Facts

Emiliano Ramirez-Garcia (plaintiff) was convicted in North Carolina on two counts of taking indecent liberties with a child. At the sentencing hearing, the United States Probation Office, pursuant to the United States Sentencing Guidelines, recommended an enhancement of Ramirez-Garcia’s sentence because his crimes were crimes of violence involving the sexual abuse of a minor. The district court accepted the Probation Office’s recommendation and sentenced Ramirez-Garcia accordingly. Ramirez-Garcia appealed the sentencing, arguing that the crime of taking indecent liberties with a child, as defined by North Carolina law, was (1) broader in scope than the federal definition for sexual abuse of a minor, and (2) because North Carolina’s law was broader in scope, it encompassed behaviors that were not considered, and could not be sentenced as, crimes of violence under the federal definition.

Rule of Law

Issue

Holding and Reasoning (Huck, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 620,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 620,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 620,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership