United States v. Melvin Lamar Ray, 245 F.3d 1256 (11th Cir. 2001). · Go Syfert
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United States v. Melvin Lamar Ray, 245 F.3d 1256 (11th Cir. 2001). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Jose Gabriel Garcia-Martinez (ca11, 2017-01-11)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Jose Gabriel Garcia-Martinez (2×)
11th Cir. · 2017 · confidence medium
In United States v. Ray, 245 F.3d 1256, 1257 (11th Cir. 2001), we followed the Third Circuit’s decision in United States v. McClenton, 53 F.3d 584 (3d Cir. 1995), to hold that a hotel guest room counts as a dwelling under the guidelines.
discussed Cited "see" United States v. Steven L. Dunklin
11th Cir. · 2009 · signal: see · confidence high
See United States v. Ray, 245 F.3d 1256, 1257 (11th Cir. 2001) (noting a hotel guest room, occupied or not, constitutes a “dwelling” under the Guidelines).
discussed Cited "see" United States v. Smith
5th Cir. · 2003 · signal: see · confidence high
See United States v. Ray, 245 F.3d 1256, 1257 (11th Cir.2001); United States v. McClenton, 53 F.3d 584, 587 (3d Cir.1995); see also United States v. Barker, 208 F.3d 215 (table), 2000 WL 282453 , 2000 U.S.App.
discussed Cited "see, e.g." Lazaro Cantillo v. United States
11th Cir. · 2008 · signal: see, e.g. · confidence medium
See, e.g., United States v. Ray, 245 F.3d 1256, 1257 (11th Cir.2001) (noting that a hotel guest room, occupied or not, constitutes a “dwelling” under the Sentencing Guidelines); United States v. Spell, 44 F.3d 936, 938 (11th Cir.1995) (“By explicitly including the burglary of a dwelling as a crime of violence, the Guidelines intended to exclude from the violent crime category those burglaries which do not involve dwellings and occupied structures.”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Melvin Lamar RAY, Defendant-Appellant
00-13325.
Court of Appeals for the Eleventh Circuit.
Apr 5, 2001.
245 F.3d 1256
Stephen F. Greenberg, Weiner, Shea-rouse, Weitz, Greenberg & Shawe, Savannah, GA, for Defendant-Appellant., Amy Lee Copeland, U.S. Atty., Savannah, GA, for Plaintiff-Appellee.
Edmondson, Birch, Barkett.
Cited by 4 opinions  |  Published
PER CURIAM:

Melvin Ray appeals his 37-month sentence imposed upon his plea of guilty to possession of a firearm by a convicted felon.

Ray pled guilty to possession of a firearm by a convicted felon pursuant to a plea agreement. The PSI recommended that Ray be given a base offense level of 20 because Ray was previously convicted of a violent crime (burglary), and under U.S.S.G. § 2K2.1(a)(4)(A) a defendant receives a base level of 20 if “the defendant had one prior felony conviction of either a crime of violence or a controlled substance offense.” The PSI explained that in 1992, Ray was convicted of burglary when he “entered Room 156 at the Ramada Inn.... According to the defendant, he was dared by a friend to enter a room where the door had been left open.”

That Ray burglarized a hotel room is undisputed. Ray, however, objected to the PSI’s determination that his burglary of a hotel room constituted the burglary of a “dwelling.” The sentencing court adopted the PSI findings and sentenced Ray to 37 months in prison.

We follow the Third Circuit’s decision in United States v. McClenton, 53 F.3d 584 (3rd Cir.1995): a hotel guest room — occupied or not — constitutes a “dwelling” under the pertinent Guidelines.

AFFIRMED.