Legal Opinion

United States v. Juan Antonio Zavala

Court of Appeals for the Ninth Circuit

Decided April 11, 2006No. 05-30120PublishedCited by 56 opinions

1Per curiam

Juan Antonio Zavala appeals the sentence that was imposed upon him after he was convicted of conspiracy to distribute or to possess with intent to distribute methamphetamine and of distribution of methamphetamine. See 21 U.S.C. §§ 841(a)(1), 846. His sole claim on appeal is that the district court violated Booker1 when it “presumed” that the advisory Sentencing Guideline calculation set forth the proper range for sentencing. We vacate the sentence and remand.

BACKGROUND

After Zavala was convicted, the sentencing process took hold, but before it was complete the Supreme Court decided Booker. The…

2Cases cited25 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
  3. United States v. MaresCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. Lydia CooperCourt of Appeals for the Third Circuit · 2006
  5. United States v. CantrellCourt of Appeals for the Ninth Circuit · 2006

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3Cited by56 opinions

  1. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  2. United States v. Jermaine HuntCourt of Appeals for the Eleventh Circuit · 2006
  3. United States v. ChererCourt of Appeals for the Ninth Circuit · 2008
  4. United States v. MacIel-vasquezCourt of Appeals for the Ninth Circuit · 2006
  5. United States v. Wurzinger, Richard CCourt of Appeals for the Seventh Circuit · 2006

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