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Legal Opinion

United States v. Carlos Garcia

Court of Appeals for the Fifth Circuit

Decided May 28, 1992No. 91-5684PublishedCited by 65 opinions

1Opinion of the Court

BARKSDALE, Circuit Judge:

Carlos Garcia appeals only his sentence, contending that the two prior convictions relied on for his career offender enhancement constitute only one conviction, pursuant to the Sentencing Guidelines. We AFFIRM.

I

In April 1991, Garcia pleaded guilty to distribution of heroin in violation of 21 U.S.C. § 841(a)(1). In issue at sentencing was the application of the career offender enhancement based on two prior state convictions for distribution of heroin. 2 Although the Presentence Investigation Report (PSI) did not recommend enhancement, the government urged it. 3 Garcia…

2Cases cited15 opinions

  1. United States v. Leonard Orozco BuenrostroCourt of Appeals for the Fifth Circuit · 1989
  2. United States v. Jason HouserCourt of Appeals for the Ninth Circuit · 1991
  3. United States v. ThomasCourt of Appeals for the Fifth Circuit · 1991
  4. United States v. Abraham Rodriguez FloresCourt of Appeals for the Fifth Circuit · 1989
  5. Gordon v. StateCourt of Criminal Appeals of Texas · 1982

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3Cited by65 opinions

  1. Buford v. United StatesSupreme Court of the United States · 2001
  2. United States v. Velazquez-OveraCourt of Appeals for the Fifth Circuit · 1996
  3. United States v. Jesus Hernandez-GuevaraCourt of Appeals for the Fifth Circuit · 1998
  4. United States v. HuertaCourt of Appeals for the Fifth Circuit · 1999
  5. United States v. Santana-CastellanoCourt of Appeals for the Fifth Circuit · 1996

60 more not listed; retrieve them via the Exa API.

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