Legal Opinion

United States v. Manuel Gamez, A.K.A. Manuel Gamez-Rubio, Gustavo Gamez, Manuel Flores-Falvez, Manuel Gomez-Rubio, Manuel Flores-Galvez

Court of Appeals for the Ninth Circuit

Decided August 29, 2002No. 00-10307PublishedCited by 58 opinions

1Opinion of the Court

SNEED, Circuit Judge.

Manuel Gamez appeals his conviction and 151-month sentence for drug importation. Gamez was charged with various marijuana and murder-related offenses. The jury acquitted him on all murder-related charges but found him guilty of all marijuana-related charges. The district court applied U.S.S.G. § 2Dl.l(d)(l)’s murder cross-reference to impose a 151-month sentence on Gamez when he otherwise would have been subject to a Guidelines maximum sentence of 46 months. The district court applied the murder cross-reference because it found that murder was both foreseeable and in…

2Cases cited26 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Arizona v. FulminanteSupreme Court of the United States · 1991
  3. Jones v. United StatesSupreme Court of the United States · 1999
  4. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  5. Dickerson v. United StatesSupreme Court of the United States · 2000

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

3Cited by58 opinions

  1. United States v. HellerCourt of Appeals for the Ninth Circuit · 2009
  2. United States v. Lei ShiCourt of Appeals for the Ninth Circuit · 2008
  3. United States v. TankersleyCourt of Appeals for the Ninth Circuit · 2008
  4. United States v. Rojas TapiaCourt of Appeals for the First Circuit · 2006
  5. State v. PontbriandSupreme Court of Vermont · 2005

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

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