Legal Opinion
United States v. Contreras
Court of Appeals for the Ninth Circuit
Decided September 17, 2009No. 08-50126PublishedCited by 20 opinions
1Opinion of the Court
TASHIMA, Circuit Judge:
Katie Sue Contreras was convicted for her participation in a drug-smuggling conspiracy operated out of Ironwood State Prison, where she worked as a prison cook. She appeals her sentence, arguing that the district court’s two-level enhancement of her offense level for abuse of a position of trust under United States Sentencing Guideline (“U.S.S.G.”) § 3B1.3 was in error.
We agree, and reverse the sentence. 1 Contreras’ position at the prison did not involve any “professional or managerial discretion,” U.S.S.G. § 3B1.3 cmt. n. 1 (2005), and therefore she did not hold a…
2Cases cited29 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Stinson v. United StatesSupreme Court of the United States · 1993
- United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
24 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Sierra Forest Legacy v. ShermanCourt of Appeals for the Ninth Circuit · 2011
- United States v. ContrerasCourt of Appeals for the Ninth Circuit · 2010
- United States v. LaurientiCourt of Appeals for the Ninth Circuit · 2010
- United States v. Bryan LaurientiCourt of Appeals for the Ninth Circuit · 2013
- United States v. William AubreyCourt of Appeals for the Ninth Circuit · 2015
15 more not listed; retrieve them via the Exa API.