Legal Opinion
United States v. Carlos Jesus Garcia
Court of Appeals for the Tenth Circuit
Decided November 8, 1994No. 94-5028PublishedCited by 49 opinions
1Opinion of the Court
HENRY, Circuit Judge.
Defendant Carlos Jesus Garcia appeals the district court’s enhancement of his sentence under the career offender provisions of the United States Sentencing Guidelines (USSG). For the reasons set forth below, we affirm the district court’s ruling that Mr. Garcia cannot collaterally attack a predicate conviction under USSG § 4B1.1 in a federal sentencing proceeding.
I. BACKGROUND
The relevant facts in this case are not in dispute. Mr. Garcia pled guilty to violating 21 U.S.C. § 841(a)(1) by distributing cocaine. A presentence report revealed that Mr. Garcia had a record of…
2Cases cited35 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. AddonizioSupreme Court of the United States · 1979
- Custis v. United StatesSupreme Court of the United States · 1994
- Parke v. RaleySupreme Court of the United States · 1993
- United States v. Randolph JakobetzCourt of Appeals for the Second Circuit · 1992
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3Cited by49 opinions
- United States v. PettifordCourt of Appeals for the Fourth Circuit · 2010
- United States v. CoxCourt of Appeals for the Tenth Circuit · 1996
- United States v. Charles Michael KissickCourt of Appeals for the Tenth Circuit · 1995
- United States v. Brian Bacon, A/K/A Brian HillardCourt of Appeals for the Fourth Circuit · 1996
- Brackett v. United StatesCourt of Appeals for the First Circuit · 2001
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