Legal Opinion
United States v. Gerard Gary Garcia
Court of Appeals for the Tenth Circuit
Decided December 29, 1989No. 88-2557PublishedCited by 52 opinions
1Opinion of the Court
EBEL, Circuit Judge.
This case requires us to consider whether the guidelines promulgated by the United States Sentencing Commission apply to violations of the Assimilative Crimes Act. 1 We conclude that the sentencing guidelines apply to assimilative crimes, but that the sentence imposed may not exceed any maximum sentence and may not fall below any mandatory minimum sentence that is required under the law of the state in which the crimes occur. We further hold that the commentary to § 2X5.1 of the sentencing guidelines, which “requirefs]” courts to apply guidelines applicable to analogous…
2Cases cited15 opinions
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Morton v. MancariSupreme Court of the United States · 1974
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
- James Stewart & Co. v. SadrakulaSupreme Court of the United States · 1940
10 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- United States v. CageCourt of Appeals for the Tenth Circuit · 2006
- United States v. ChristieCourt of Appeals for the Tenth Circuit · 2013
- United States v. Keene Courtney QueensboroughCourt of Appeals for the Third Circuit · 2000
- United States v. Lewellis ColemanCourt of Appeals for the Seventh Circuit · 1994
- United States v. John YoungCourt of Appeals for the Fourth Circuit · 1990
47 more not listed; retrieve them via the Exa API.