Legal Opinion

United States v. Almenas

Court of Appeals for the First Circuit

Decided January 12, 2009No. 06-2513PublishedCited by 67 opinions

1Opinion of the Court

HOWARD, Circuit Judge.

After pleading guilty to selling crack cocaine, Miguel Almenas was sentenced— pursuant to a downward departure — to 192 months’ imprisonment, 43 months below the bottom of the guideline sentencing range (“GSR”). Almenas appeals his sentence. He argues primarily that the district court erroneously relied on his prior conviction for resisting arrest when sentencing him as a career offender. He also challenges both the reasonableness of his sentence and the court’s use of prior convictions that he alleges had not been sufficiently proven. We reject all of Almenas’s…

2Cases cited29 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Kimbrough v. United StatesSupreme Court of the United States · 2007
  4. Begay v. United StatesSupreme Court of the United States · 2008
  5. Leocal v. AshcroftSupreme Court of the United States · 2004

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

3Cited by67 opinions

  1. United States v. Dávila-GonzálezCourt of Appeals for the First Circuit · 2010
  2. United States v. TavaresCourt of Appeals for the First Circuit · 2013
  3. United States v. HollowayCourt of Appeals for the First Circuit · 2011
  4. United States v. FaustCourt of Appeals for the First Circuit · 2017
  5. United States v. DancyCourt of Appeals for the First Circuit · 2011

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

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