Legal Opinion
UNITED STATES of America, Plaintiff-Appellee, v. Rafael VALENCIA-ANDRADE, Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided December 27, 1995No. 95-50093PublishedCited by 41 opinions
1Opinion of the Court
ALARCON, Circuit Judge:
Rafael Andrade-Valencia 1 appeals from the sentence imposed by the district court following his guilty plea to possession of methamphetamine with intent to distribute. The district court sentenced Andrade-Valen-cia to the statutory mandatory minimum term of imprisonment of 120 months. He seeks reversal on the ground that the district court erred in ruling that it lacked the authority to impose a sentence below the mandatory minimum, notwithstanding its finding that his criminal history category, based on two convictions for driving with a suspended license, was…
2Cases cited6 opinions
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Crooks v. HarrelsonSupreme Court of the United States · 1930
- Callanan v. United StatesSupreme Court of the United States · 1961
- Demarest v. ManspeakerSupreme Court of the United States · 1991
- United States v. Juri Ripinsky, (Two Cases)Court of Appeals for the Ninth Circuit · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Arie SHAAR; Helina Shaar; Shay Moshe Shaar, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, RespondentCourt of Appeals for the Ninth Circuit · 1998
- United States v. BranchCourt of Appeals for the Sixth Circuit · 2008
- United States v. Edward BaheCourt of Appeals for the Ninth Circuit · 2000
- 96 Cal. Daily Op. Serv. 8387, 96 Daily Journal D.A.R. 13,956 United States of America v. Alan Keith Hunter, United States of America v. Bart ReedCourt of Appeals for the Ninth Circuit · 1996
- United States v. Justin WebbCourt of Appeals for the Eighth Circuit · 2000
36 more not listed; retrieve them via the Exa API.