Legal Opinion
United States v. Zavalza-Rodriguez
Court of Appeals for the Tenth Circuit
Decided August 17, 2004No. 03-2247PublishedCited by 27 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
The single issue in this sentencing appeal is whether the district court erred in finding that, on the one hand, a U.S.S.G. § 2D1.1 sentence enhancement applied because “a dangerous weapon ... was possessed,” and that, on the other hand, for purposes of a downward departure under U.S.S.G. § 5C1.2(a)(2) the defendant did not “possess a firearm or other dangerous weapon ... in connection with the offense.” Arguing that if a gun is “possessed” for purposes of sentence enhancement, then it necessarily is “possessed” to preclude application of a sentence reduction, the…
2Cases cited14 opinions
- United States v. James Edward RoedererCourt of Appeals for the Tenth Circuit · 1993
- United States v. SaffoCourt of Appeals for the Tenth Circuit · 2000
- In Re Sealed Case (Sentencing Guidelines' "Safety Valve")Court of Appeals for the D.C. Circuit · 1997
- United States v. Ivory Garner Wilson, Also Known as Boo Boo WilsonCourt of Appeals for the Fifth Circuit · 1997
- United States v. Jesse Allen Vaziri, Corey Jess Adkins, and Jacqueline Lou QuartermanCourt of Appeals for the Tenth Circuit · 1999
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- United States v. RuizCourt of Appeals for the Fifth Circuit · 2010
- United States v. Lashaun BoltonCourt of Appeals for the Fourth Circuit · 2017
- United States v. Arturo Carillo-AyalaCourt of Appeals for the Eleventh Circuit · 2013
- United States v. BeltranCourt of Appeals for the Tenth Circuit · 2009
- United States v. AndersonCourt of Appeals for the First Circuit · 2006
22 more not listed; retrieve them via the Exa API.