Legal Opinion

United States v. Francisco Gasca-Ruiz

Court of Appeals for the Ninth Circuit

Decided April 5, 2017No. 14-50342; 14-50343PublishedCited by 141 opinions

1Opinion of the Court

Concurrence by Judge HURWITZ

OPINION

WATFORD, Circuit Judge:

We took this case en banc to resolve an intra-circuit conflict over the standard of review that applies when we review a district court’s application of the United States Sentencing Guidelines to the facts of a given case. We conclude that as a general rule such decisions should be reviewed for abuse of discretion.

I

The defendant in this case, Francisco Gasca-Ruiz, pleaded guilty to transporting undocumented immigrants in violation of 8 U.S.C. § 1324. The facts relevant to his sentencing proceeding are undisputed, as they are drawn…

2Cases cited22 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Koon v. United StatesSupreme Court of the United States · 1996
  3. Buford v. United StatesSupreme Court of the United States · 2001
  4. United States v. StatenCourt of Appeals for the Ninth Circuit · 2006
  5. United States v. GrajedaCourt of Appeals for the Ninth Circuit · 2009

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

3Cited by141 opinions

  1. United States v. Paul Torres, IIICourt of Appeals for the Ninth Circuit · 2021
  2. United States v. Alejandro Aguilar DiazCourt of Appeals for the Ninth Circuit · 2018
  3. United States v. Ruslan KirilyukCourt of Appeals for the Ninth Circuit · 2022
  4. In re Pers. Restraint of ArnoldWashington Supreme Court · 2018
  5. United States v. James HerreraCourt of Appeals for the Ninth Circuit · 2020

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API