Legal Opinion

United States v. Jose Domingo Munoz-Realpe

Court of Appeals for the Eleventh Circuit

Decided May 5, 1994No. 92-4039PublishedCited by 73 opinions

1Opinion of the Court

ANDERSON, Circuit Judge:

Jose Munoz-Realpe pleaded guilty to importation of cocaine, in violation of 21 U.S.C. § 952(a), and was sentenced to 36 months imprisonment, to be followed by five years supervised release. 1 On appeal, the United States raises three issues, challenging the sentence imposed on Munoz-Realpe: (1) that the district court erred by sentencing Munoz-Realpe under the penalty provisions for cocaine hydrochloride rather than those for cocaine base; (2) that the district court improperly departed downward based upon a combination of Munoz-Realpe’s diminished capacity and…

2Cases cited17 opinions

  1. Stinson v. United StatesSupreme Court of the United States · 1993
  2. Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
  3. Smith v. United StatesSupreme Court of the United States · 1993
  4. Wade v. United StatesSupreme Court of the United States · 1992
  5. Oscar Mayer & Co. v. EvansSupreme Court of the United States · 1979

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3Cited by73 opinions

  1. In Re Jonathan Sims, Janice v. TerbushCourt of Appeals for the Sixth Circuit · 1997
  2. United States v. James Fields Christopher CrawleyCourt of Appeals for the Second Circuit · 1997
  3. United States v. Climmie Jones, Jr.Court of Appeals for the Sixth Circuit · 1998
  4. United States v. EggersdorfCourt of Appeals for the Eleventh Circuit · 1997
  5. United States v. Luis Humberto BarbosaCourt of Appeals for the Third Circuit · 2001

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

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