Legal Opinion

United States v. Fortino Saucedo Villegas

Court of Appeals for the Fifth Circuit

Decided March 17, 2005No. 03-21220PublishedCited by 321 opinions

1Per curiam

Defendant-Appellant Fortino Saucedo Villegas pled guilty and was sentenced in the district court before the United States Supreme Court’s recent decision in United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). This appeal requires us to re-examine the proper standard of review to employ in our resolution of a claim that the district court improperly applied the Sentencing Guidelines in calculating the sentencing range under the previously mandatory, now advisory, sentencing guideline regime. We re-examine our standards in order to determine the possible effect, if any, of…

2Cases cited22 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. United States v. CottonSupreme Court of the United States · 2002
  4. United States v. MaresCourt of Appeals for the Fifth Circuit · 2005
  5. United States v. David C. Hughes, the Office of the Federal Public Defender, Amicus SupportingCourt of Appeals for the Fourth Circuit · 2005

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3Cited by321 opinions

  1. United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005
  2. United States v. CantrellCourt of Appeals for the Ninth Circuit · 2006
  3. United States v. SmithCourt of Appeals for the Fifth Circuit · 2006
  4. United States v. Charles Crawford, Jr.Court of Appeals for the Eleventh Circuit · 2005
  5. United States v. Shelly MashekCourt of Appeals for the Eighth Circuit · 2005

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