Legal Opinion

United States v. Garcia

Court of Appeals for the Fifth Circuit

Decided September 12, 2011No. 10-10869PublishedCited by 24 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Moisés Garcia appeals the reduction of his sentence made pursuant to 18 U.S.C. § 3582(c). Because the district court did not err or abuse its discretion, we affirm.

I

In 2007, Garcia pleaded guilty of possession with intent to distribute 500 grams or more of cocaine and possession of a firearm in furtherance of a drug-trafficking crime, in violation of 21 U.S.C. § 841(b)(l)(B)(ii) and 18 U.S.C. § 924(c), respectively. Garcia’s recommended sentencing guideline range of 110 to 137 months for the drug count resulted from his total offense level of 25, derived from the…

2Cases cited13 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Kimbrough v. United StatesSupreme Court of the United States · 2007
  3. Williams v. United StatesSupreme Court of the United States · 1992
  4. Dillon v. United StatesSupreme Court of the United States · 2010
  5. United States v. EvansCourt of Appeals for the Fifth Circuit · 2009

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

3Cited by24 opinions

  1. United States v. Thomas Malone, Jr.Court of Appeals for the Fifth Circuit · 2016
  2. United States v. Brian RobinsonCourt of Appeals for the Fifth Circuit · 2014
  3. United States v. Denroy GayleCourt of Appeals for the Third Circuit · 2012
  4. United States v. Willie JohnsonCourt of Appeals for the Eighth Circuit · 2013
  5. United States v. JohnsonCourt of Appeals for the Second Circuit · 2013

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

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