Legal Opinion
United States v. Herminio Torres, Jr.
Court of Appeals for the Eighth Circuit
Decided July 21, 2005No. 03-1981PublishedCited by 29 opinions
1Opinion of the Court
BYE, Circuit Judge.
Herminio Torres, Jr., a drug felon who pleaded guilty to conspiracy to distribute drugs and distribution of a controlled substance, appeals the district court’s 1 assessment of a two-level enhancement for possession of a dangerous weapon. The district court sentenced Mr. Torres to 120 months of imprisonment, the same minimum term it was required by statute to impose upon a repeat drug felon even without an enhancement. On appeal, Mr. Torres challenges the enhancement, arguing it will make him ineligible for early release should he be admitted to and complete the Bureau of…
2Cases cited12 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- United States v. OlanoSupreme Court of the United States · 1993
- Blakely v. WashingtonSupreme Court of the United States · 2004
- United States v. Louis F. PiraniCourt of Appeals for the Eighth Circuit · 2005
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3Cited by29 opinions
- United States v. ManiganCourt of Appeals for the Fourth Circuit · 2010
- United States v. AndersonCourt of Appeals for the Eighth Circuit · 2010
- United States v. Christopher Martin ColeCourt of Appeals for the Eighth Circuit · 2005
- United States v. HarrisCourt of Appeals for the Eighth Circuit · 2007
- United States v. PeroceskiCourt of Appeals for the Eighth Circuit · 2008
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