United States v. Ford
Court of Appeals for the Fifth Circuit
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
- United States v. LopezSupreme Court of the United States · 1995
- United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005
- United States v. DaughertyCourt of Appeals for the Fifth Circuit · 2001
- United States v. Jose Luis Navidad-MarcosCourt of Appeals for the Ninth Circuit · 2004
- United States v. Zuniga-PeraltaCourt of Appeals for the Fifth Circuit · 2006
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3Cited by27 opinions
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- United States v. Herrera-GardunoCourt of Appeals for the Fifth Circuit · 2008
- United States v. Vu Anh LeCourt of Appeals for the Fifth Circuit · 2007
- Vasquez-Martinez v. HolderCourt of Appeals for the Fifth Circuit · 2009
- United States v. Garcia-ArellanoCourt of Appeals for the Fifth Circuit · 2008
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