Legal Opinion

United States v. Gilberto Lara-Ruiz

Court of Appeals for the Eighth Circuit

Decided February 24, 2015No. 13-3509PublishedCited by 1 opinion

1Opinion of the Court

KELLY, Circuit Judge.

Gilberto Lara-Ruiz, for the third time, appeals his sentence for using a firearm during and in relation to a drug-trafficking crime, 18 U.S.C. § 924(c)(l)(A)(i). We conclude that the district court 1 properly resentenced Lara-Ruiz using the five-year statutory minimum and discussed the sentencing factors it found most relevant. Lara-Ruiz’s sentence, although high, is not unconstitutional or unreasonable. We thus affirm the judgment. 2

I. Background

Before this series of appeals, Lara-Ruiz pleaded guilty in 2007 to improper entry into the United States, 8 U.S.C. § 1325(a),…

2Cases cited9 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Alleyne v. United StatesSupreme Court of the United States · 2013
  3. United States v. TimberlakeCourt of Appeals for the Eighth Circuit · 2012
  4. United States v. Michael Duane KnoxCourt of Appeals for the Eighth Circuit · 1991
  5. United States v. CastellanosCourt of Appeals for the Eighth Circuit · 2010

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3Cited by1 opinion

  1. United States v. Kenneth Barbee, Jr.Court of Appeals for the Eighth Circuit · 2022

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