Legal Opinion
United States v. Elias Gomez Rivera
Court of Appeals for the Fifth Circuit
Decided April 3, 1990No. 89-1843PublishedCited by 84 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
The defendant, Elias Gomez Rivera, pled guilty to distribution of .28 grams of heroin in violation of 21 U.S.C. § 841(a)(1) and was sentenced to 92 months of imprisonment. Rivera appeals, challenging the constitutionality of the Sentencing Guidelines and arguing that the district court improperly applied the Guidelines. We uphold the constitutionality of the Guidelines, but we vacate Rivera’s sentence and remand the case to the district court for resentencing because we conclude that there are insufficient factual findings to support the application of the…
2Cases cited6 opinions
- United States v. Leonard Orozco BuenrostroCourt of Appeals for the Fifth Circuit · 1989
- United States v. Galo Eduardo SarastiCourt of Appeals for the Fifth Circuit · 1989
- Ronald Wayne Bradbury v. Louie L. WainwrightCourt of Appeals for the Fifth Circuit · 1981
- United States v. Wilfrido Bonilla VasquezCourt of Appeals for the Fifth Circuit · 1989
- Ottway Barbee v. B. C. Ruth and State of MississippiCourt of Appeals for the Fifth Circuit · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- United States v. Bobby Ray McCaskey A/K/A Snake and Lionel Legard A/K/A MaxCourt of Appeals for the Fifth Circuit · 1993
- United States v. Amy Ralston Pofahl, Charles T. Nunn, and Randy WhiteCourt of Appeals for the Fifth Circuit · 1993
- United States v. ThomasCourt of Appeals for the Fifth Circuit · 1994
- United States v. Lam Kwong-Wah, United States of America v. Lam Kwong-Wah, United States of America v. Lam Kwong-WahCourt of Appeals for the D.C. Circuit · 1991
- United States v. Kevin TownleyCourt of Appeals for the Eighth Circuit · 1991
79 more not listed; retrieve them via the Exa API.