Legal Opinion
United States v. German Valentin Ruiz
Court of Appeals for the Ninth Circuit
Decided June 6, 1991No. 90-50165PublishedCited by 26 opinions
1Opinion of the Court
D.W. NELSON, Circuit Judge:
German Valentin Ruiz appeals his guideline sentence of 151 months for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). He claims that the district court erred in refusing to follow the holding of United States v. Restrepo, 883 F.2d 781 (9th Cir.1989) (Restrepo I), which was withdrawn between his plea agreement and sentencing, 896 F.2d 1228 (9th Cir.1990), and that such a refusal constituted a violation of the ex post facto clause of the Constitution. See U.S. Const, art. I, §§ 9, 10. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On…
2Cases cited19 opinions
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Marks v. United StatesSupreme Court of the United States · 1977
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Marks v. United StatesSupreme Court of the United States · 1977
- United States v. Hector Martin RamosCourt of Appeals for the Ninth Circuit · 1991
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3Cited by26 opinions
- LaGrand v. StewartCourt of Appeals for the Ninth Circuit · 1998
- Carver v. LehmanCourt of Appeals for the Ninth Circuit · 2009
- Larry Junior Webster v. Jeanne S. Woodford, Warden, at San Quentin California State PrisonCourt of Appeals for the Ninth Circuit · 2004
- United States v. John Roy RobinsonCourt of Appeals for the Ninth Circuit · 1992
- United States of America,plaintiff-Appellant v. Erwin Darrell Newman,amended OpinionCourt of Appeals for the Ninth Circuit · 2000
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