Legal Opinion

United States v. Jose Natalio Martinez-Guerrero

Court of Appeals for the Ninth Circuit

Decided March 4, 1993No. 92-50118PublishedCited by 22 opinions

1Opinion of the Court

DAVID R. THOMPSON, Circuit Judge:

Jose Natalio Martinez-Guerrero is legally blind.1 He pled guilty to one count of aiding and abetting possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). At his sentencing hearing, he asked the court to depart downward from the low end of the applicable guideline range of 27-33 months. He contended that his blindness was an “extraordinary physical impairment” for which a downward departure was authorized by Sentencing Guideline § 5H1.4.

The district court determined that the Bureau of Prisons could accommodate blind…

2Cases cited12 opinions

  1. United States v. Lucio MoralesCourt of Appeals for the Ninth Circuit · 1990
  2. United States v. Hector Martin RamosCourt of Appeals for the Ninth Circuit · 1991
  3. United States v. James E. CareyCourt of Appeals for the Seventh Circuit · 1990
  4. United States v. Rogelio Lara, Carlos Morales, Francisco Delgado, Carlos MoralesCourt of Appeals for the Second Circuit · 1990
  5. United States v. Herman B. Slater, United States of America v. Harold L. PorterCourt of Appeals for the Tenth Circuit · 1992

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

3Cited by22 opinions

  1. United States v. Stacey C. Koon, Cross-Appellee. United States of America v. Laurence M. Powell, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1994
  2. United States v. Keithley Johnson, M.D., Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1995
  3. United States v. Donald WoodwardCourt of Appeals for the First Circuit · 2002
  4. United States v. Charles Floyd RussellCourt of Appeals for the Sixth Circuit · 1998
  5. United States v. LujanCourt of Appeals for the First Circuit · 2003

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

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