Legal Opinion

United States v. Ford

Court of Appeals for the Fifth Circuit

Decided December 11, 2007No. 06-20142PublishedCited by 27 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

In response to the Petition for Rehearing filed by the government, we withdraw the prior panel opinion in its entirety and substitute the following:

The question before this court is whether a charge and conviction for “possession *715with an intent to deliver” a controlled substance under section 481.112(a) of the Texas Health and Safety Code can be used as a basis for a sentence enhancement as a “controlled substance offense” under U.S. Sentencing Guidelines Manual (“USSG”) § 2K2.1(a)(4)(A) (2005). “Controlled substance offense” is defined in USSG § 4B1.2(b). USSG…

2Cases cited10 opinions

  1. United States v. LopezSupreme Court of the United States · 1995
  2. United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005
  3. United States v. DaughertyCourt of Appeals for the Fifth Circuit · 2001
  4. United States v. Jose Luis Navidad-MarcosCourt of Appeals for the Ninth Circuit · 2004
  5. United States v. Zuniga-PeraltaCourt of Appeals for the Fifth Circuit · 2006

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3Cited by27 opinions

  1. United States v. Dantana TanksleyCourt of Appeals for the Fifth Circuit · 2017
  2. United States v. Herrera-GardunoCourt of Appeals for the Fifth Circuit · 2008
  3. United States v. Vu Anh LeCourt of Appeals for the Fifth Circuit · 2007
  4. Vasquez-Martinez v. HolderCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. Garcia-ArellanoCourt of Appeals for the Fifth Circuit · 2008

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

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