Legal Opinion
United States v. Aquileo Melchor-Zaragoza, United States of America v. Ignacio Garcia-Rebollar
Court of Appeals for the Ninth Circuit
Decided December 9, 2003No. 02-10314, 02-10628PublishedCited by 10 opinions
1Opinion of the Court
DAVID R. THOMPSON, Senior Circuit Judge.
This appeal raises a question of first impression in this circuit: When a defendant is convicted of a conspiracy involving multiple victims, is it proper for the sentencing court to divide the conspiracy conviction into separate count groups based on the number of victims under U.S.S.G. §§ lB1.2(d) and 3D1.2? We answer this question in the affirmative. We also conclude that the preponderance of the evidence standard applied to the court’s determination of how many victims there were, and that this standard was satisfied. Thus, we affirm this aspect of…
2Cases cited7 opinions
- United States v. Dario RestrepoCourt of Appeals for the Ninth Circuit · 1991
- United States v. Barbara Gail Harrison-PhilpotCourt of Appeals for the Ninth Circuit · 1992
- United States v. Michael A. RileyCourt of Appeals for the Ninth Circuit · 2003
- United States v. Carl Bradley JohanssonCourt of Appeals for the Ninth Circuit · 2001
- UNITED STATES of America, Plaintiff-Appellee, v. Hans BOOS, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. Billy FloresCourt of Appeals for the Ninth Circuit · 2013
- United States v. EgbertCourt of Appeals for the Tenth Circuit · 2009
- United States v. Kevin WilliamsCourt of Appeals for the Ninth Circuit · 2012
- United States v. BatesCourt of Appeals for the Ninth Circuit · 2006
- United States v. CastroCourt of Appeals for the Ninth Circuit · 2006
5 more not listed; retrieve them via the Exa API.