Legal Opinion

United States v. De La Fuente

Court of Appeals for the Fifth Circuit

Decided January 25, 2007No. 05-40084Unpublished

1Opinion of the Court

PER CURIAM: *

Manuel De La Fuente pleaded guilty to possession with intent to distribute in excess of 100 kilograms of marihuana. He was sentenced to 109 months of imprisonment and five years of supervised release. De La Fuente argues that the district court committed reversible error when it sentenced him pursuant to the mandatory sentencing guidelines system held unconstitutional in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), which requires that his sentence be vacated and remanded for resentencing. He contends that based on the record and the sentencing…

2Cases cited7 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. United States v. Valenzuela-QuevedoCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. WaltersCourt of Appeals for the Fifth Circuit · 2005
  5. United States v. Ernest Nda Akpan Chijioke Victor Okoro, M.D., Also Known as Victor Okoro, Also Known as Chiji v. OkoroCourt of Appeals for the Fifth Circuit · 2005

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