Legal Opinion
United States v. Hernandez
Court of Appeals for the Seventh Circuit
Decided September 12, 2008No. 07-1134PublishedCited by 23 opinions
1Opinion of the Court
WILLIAMS, Circuit Judge.
Javier Hernandez pled guilty to conspiring to knowingly distribute cocaine. In the plea agreement, the parties agreed to have the district court determine, beyond a reasonable doubt, the quantity of drugs for which Hernandez would be held accountable in determining his sentence. Because it is unclear how the district court arrived at its drug quantity calculation, we cannot determine whether the government met its burden so we find that the district court committed clear error. We remand this case to the district court to determine the amount of drugs attributable to…
2Cases cited24 opinions
- Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
- Swift & Co. v. Hocking Valley Railway Co.Supreme Court of the United States · 1917
- United States v. John Josefik and Charles SoterasCourt of Appeals for the Seventh Circuit · 1985
- United States v. Elizabeth HuertaCourt of Appeals for the Seventh Circuit · 2001
- United States v. Rene RodriguezCourt of Appeals for the Seventh Circuit · 1995
19 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. AlviarCourt of Appeals for the Seventh Circuit · 2009
- United States v. Lon CampbellCourt of Appeals for the Seventh Circuit · 2016
- United States v. Garrett SmithCourt of Appeals for the Seventh Circuit · 2014
- United States v. SeversonCourt of Appeals for the Seventh Circuit · 2009
- United States v. ShamahCourt of Appeals for the Seventh Circuit · 2010
18 more not listed; retrieve them via the Exa API.