Legal Opinion

United States v. Valencia-Gonzales

Court of Appeals for the Fifth Circuit

Decided April 12, 1999No. 98-20144PublishedCited by 50 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Valencia pled guilty to possession of a controlled substance with intent to distribute under 21 U.S.C. § 841(a)(1) and 841(b)(1)(A)(i) and importation of a controlled substance under 21 U.S.C. § 952(a) and § 960(a)(1) and (b)(1)(A). He challenges his sentence because he believed— and the government stipulated he believed — that he was carrying cocaine, when in fact he was carrying heroin, for which he received a longer sentence than if he had been carrying cocaine. We reject all three of Valencia’s challenges to his sentence.

I

Valencia’s first argument apparently…

2Cases cited13 opinions

  1. Chapman v. United StatesSupreme Court of the United States · 1991
  2. United States v. BrownCourt of Appeals for the Fifth Circuit · 1995
  3. United States v. Randall Hoyt ShawCourt of Appeals for the Fifth Circuit · 1991
  4. United States v. Juan Octavio Pena GonzalezCourt of Appeals for the Fifth Circuit · 1983
  5. United States v. Angel Collado-Gomez and Gustavo Quintero-Gonzalez, Gustavo Quintero-GonzalezCourt of Appeals for the Second Circuit · 1987

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

3Cited by50 opinions

  1. United States v. Luis Humberto BarbosaCourt of Appeals for the Third Circuit · 2001
  2. United States v. DavisCourt of Appeals for the Fifth Circuit · 2000
  3. United States v. Shawn SerfassCourt of Appeals for the Fifth Circuit · 2012
  4. United States v. Gamez-GonzalezCourt of Appeals for the Fifth Circuit · 2003
  5. United States v. HernandezCourt of Appeals for the Fifth Circuit · 2006

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

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