Legal Opinion

United States v. Mendiola

Court of Appeals for the Tenth Circuit

Decided October 12, 2012No. 11-2209PublishedCited by 28 opinions

1Opinion of the Court

BRISCOE, Chief Judge.

Defendant Joseph Mendiola appeals from the district court’s imposition of a two-year term of imprisonment following revocation of his supervised release. Mendiola argues that, in light of the Supreme Court’s recent decision in Tapia v. United States, — U.S. -, 131 S.Ct. 2382, 180 L.Ed.2d 357 (2011), the district court committed plain error in basing the length of the revocation sentence on Mendiola’s need to participate in a prison-based drug rehabilitation program. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we agree with Mendiola. As a result, we reverse and…

2Cases cited12 opinions

  1. Tapia v. United StatesSupreme Court of the United States · 2011
  2. Hurd v. Pittsburg State UniversityCourt of Appeals for the Tenth Circuit · 1997
  3. Barber v. T.D. Williamson, Inc.Court of Appeals for the Tenth Circuit · 2001
  4. United States v. CorderyCourt of Appeals for the Tenth Circuit · 2011
  5. United States v. TsosieCourt of Appeals for the Tenth Circuit · 2004

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

3Cited by28 opinions

  1. United States v. Walter Henry Vandergrift, Jr.Court of Appeals for the Eleventh Circuit · 2014
  2. United States v. SimpsonCourt of Appeals for the Tenth Circuit · 2017
  3. United States v. McGlothinCourt of Appeals for the Tenth Circuit · 2013
  4. United States v. Jesus GarzaCourt of Appeals for the Fifth Circuit · 2013
  5. United States v. Michael DeenCourt of Appeals for the Sixth Circuit · 2013

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API