Legal Opinion
United States v. Mendoza
Court of Appeals for the Tenth Circuit
Decided October 1, 2008No. 07-3181PublishedCited by 50 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
Although the United States Sentencing Guidelines (“Guidelines”) advise that defendant-appellee Jesus Mendoza receive a minimum of 324 months’ imprisonment for his drug conviction, the district court varied downward and imposed a 240-month sentence. On appeal, the government urges us to vacate and remand for resen-tencing, arguing that the district court committed procedural error by (1) declining to give specific reasons for the variance, and (2) failing to enter a written statement of reasons as required by 18 U.S.C. § 3553(c)(2). Reviewing only for plain error, we…
2Cases cited20 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- Johnson v. United StatesSupreme Court of the United States · 1997
- Bowles v. RussellSupreme Court of the United States · 2007
- United States v. VerkhoglyadCourt of Appeals for the Second Circuit · 2008
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3Cited by50 opinions
- United States v. Mondragon-SantiagoCourt of Appeals for the Fifth Circuit · 2009
- United States v. WhitelawCourt of Appeals for the Fifth Circuit · 2009
- United States v. WallaceCourt of Appeals for the Sixth Circuit · 2010
- United States v. PoeCourt of Appeals for the Tenth Circuit · 2009
- United States v. CorderyCourt of Appeals for the Tenth Circuit · 2011
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