Legal Opinion

United States v. Carlos Tapia, Alfred Kennedy, Joseph Perez

Court of Appeals for the Eleventh Circuit

Decided July 28, 1995No. 92-4951PublishedCited by 22 opinions

1Opinion of the Court

KRAVITCH, Circuit Judge:

Carlos Tapia, Alfred Kennedy, and Joseph Perez appeal from their convictions and sentences for obstruction of justice by retaliating against a witness, in violation of 18 U.S.C. § 1513(a)(2). We AFFIRM the convictions of each of the Appellants. We also AFFIRM the sentences imposed upon Kennedy and Tapia. Because, however, we hold that the district court erred in enhancing Perez’s sentence based upon its finding of more than minimal planning, we VACATE Perez’s sentence and REMAND for resentencing.

I. Background

In connection with their attack on Michael Connelly,…

2Cases cited22 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Bruton v. United StatesSupreme Court of the United States · 1968
  3. Richardson v. MarshSupreme Court of the United States · 1987
  4. United States v. RussellSupreme Court of the United States · 1973
  5. United States v. Alfred Octave Morrill, Jr.Court of Appeals for the Eleventh Circuit · 1993

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

3Cited by22 opinions

  1. United States v. GarrisonCourt of Appeals for the Eleventh Circuit · 1998
  2. United States v. ShottsCourt of Appeals for the Eleventh Circuit · 1998
  3. United States v. CamickCourt of Appeals for the Tenth Circuit · 2015
  4. United States v. GonzalezCourt of Appeals for the Eleventh Circuit · 1999
  5. United States v. MaloneCourt of Appeals for the Eleventh Circuit · 1996

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

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