Legal Opinion

United States v. Eduardo Pena

Court of Appeals for the Second Circuit

Decided August 18, 1994No. 1634, Docket 93-1890PublishedCited by 16 opinions

1Opinion of the Court

WINTER, Circuit Judge:

Eduardo Pena appeals from a sentence imposed by Judge Amon following a plea of guilty to postal robbery with a dangerous weapon, in violation of 18 U.S.C. § 2114 (1988). On appeal, Pena contends that the district court utilized the wrong criteria for determining his culpability for purposes of a downward adjustment for role in the offense.

On March 8,1993, appellant Eduardo Pena and another man, Jose Diaz, walked into a post office and demanded money from a postal clerk. When the clerk failed to understand the command, Pena drew a semi-automatic handgun from his…

2Cases cited6 opinions

  1. Stinson v. United StatesSupreme Court of the United States · 1993
  2. United States v. Kenneth Wayne Daughtrey, A/K/A Kenneth Wayne DaughtryCourt of Appeals for the Fourth Circuit · 1989
  3. United States v. Garcia, Victor Monsalve, Palacio, Appeal of Victor MonsalveCourt of Appeals for the Second Circuit · 1990
  4. United States v. Hugo Lopez, Juan Trujillo and Hernando VasquezCourt of Appeals for the Second Circuit · 1991
  5. United States v. David CaruthCourt of Appeals for the Tenth Circuit · 1991

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

3Cited by16 opinions

  1. United States of America, Appellee-Cross-Appellant v. Mohammad Ajmal, Defendant-Appellant-Cross-Appellee, Muhammad Afzal and Hassan Sabghat UllahkhanCourt of Appeals for the Second Circuit · 1995
  2. United States v. Donald P. CarpenterCourt of Appeals for the Second Circuit · 2001
  3. United States v. TaylorCourt of Appeals for the Second Circuit · 1996
  4. United States v. TaylorCourt of Appeals for the Second Circuit · 1996
  5. United States v. Stephen NeilsCourt of Appeals for the Second Circuit · 1998

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

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