Legal Opinion

United States v. Martinez

Court of Appeals for the Eleventh Circuit

Decided October 5, 2009No. 08-13846PublishedCited by 66 opinions

1Opinion of the Court

MARCUS, Circuit Judge:

Hector Martinez appeals his 78-month sentence following his conviction for conspiring to distribute and to possess with the intent to distribute 100 kilograms or more of marijuana in violation of 18 U.S.C. §§ 846 and 841(b)(1)(B). On the slender record presented, the district court clearly erred in finding that Martinez was an organizer or leader under U.S.S.G. § 3Bl.l(a). Accordingly, we vacate the sentence and remand for further proceedings consistent with this opinion.

I

In 2003, a multi-agency task force began investigating the involvement of Martinez and others in an…

2Cases cited18 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Stinson v. United StatesSupreme Court of the United States · 1993
  3. United States v. RodriguezCourt of Appeals for the Eleventh Circuit · 2005
  4. United States v. PughCourt of Appeals for the Eleventh Circuit · 2008
  5. United States v. Charles Crawford, Jr.Court of Appeals for the Eleventh Circuit · 2005

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

3Cited by66 opinions

  1. United States v. James DixonCourt of Appeals for the Eleventh Circuit · 2018
  2. United States v. Igor GrushkoCourt of Appeals for the Eleventh Circuit · 2022
  3. United States v. Doris CrabtreeCourt of Appeals for the Eleventh Circuit · 2018
  4. United States v. Valarezo-OrobioCourt of Appeals for the Eleventh Circuit · 2011
  5. United States v. Daniel RodriguezCourt of Appeals for the Eleventh Circuit · 2015

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API