Legal Opinion
United States v. Gallo
Court of Appeals for the Eleventh Circuit
Decided November 17, 1999No. 98-4381PublishedCited by 48 opinions
1Opinion of the Court
MARCUS, Circuit Judge:
Merly Gallo appeals' her 92-month sentence for conspiring to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846; The sole issue she raises on appeal concerns whether the district court properly enhanced her sentence two points for possession of a firearm by her co-conspirators under § 2Dl.l(bj(l) of the United States Sentencing Guidelines. Because we hold that a § 2Dl.l(b)(l) enhancement requires a factual finding of reasonable foreseeability, we vacate Defendant’s sentence, and remand to the district court to determine whether Gallo could…
2Cases cited30 opinions
- Pinkerton v. United StatesSupreme Court of the United States · 1946
- Stinson v. United StatesSupreme Court of the United States · 1993
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Williams v. United StatesSupreme Court of the United States · 1992
- United States v. Cynthia JohnsonCourt of Appeals for the Second Circuit · 1992
25 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- United States v. Marvin BakerCourt of Appeals for the Eleventh Circuit · 2005
- United States v. NovationCourt of Appeals for the Eleventh Circuit · 2001
- United States v. Kenneth Lamar MaddenCourt of Appeals for the Eleventh Circuit · 2013
- United States v. WilliamsCourt of Appeals for the Eleventh Circuit · 2008
- United States v. Ram Kumar SinghCourt of Appeals for the Eleventh Circuit · 2002
43 more not listed; retrieve them via the Exa API.