United States v. Jose Natalio Martinez-Guerrero
Court of Appeals for the Ninth Circuit
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
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- United States v. James E. CareyCourt of Appeals for the Seventh Circuit · 1990
- United States v. Rogelio Lara, Carlos Morales, Francisco Delgado, Carlos MoralesCourt of Appeals for the Second Circuit · 1990
- United States v. Herman B. Slater, United States of America v. Harold L. PorterCourt of Appeals for the Tenth Circuit · 1992
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3Cited by22 opinions
- 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
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- United States v. Donald WoodwardCourt of Appeals for the First Circuit · 2002
- United States v. Charles Floyd RussellCourt of Appeals for the Sixth Circuit · 1998
- United States v. LujanCourt of Appeals for the First Circuit · 2003
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