Legal Opinion

United States v. Shawn Serfass

Court of Appeals for the Fifth Circuit

Decided June 15, 2012No. 11-10719PublishedCited by 82 opinions

1Opinion of the Court

WIENER, Circuit Judge:

Defendant-Appellant Shawn Daniel Serfass pleaded guilty to possessing methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court applied a two-level sentencing enhancement under United States Sentencing Guidelines (“U.S.S.G.”) § 201.1(b)(5) 1 based on the government’s proof that the offense involved the importation of methamphetamine. The court did so despite Serfass’s insistence that the enhancement is inapplicable because he did not know that the methamphetamine he possessed was imported. We affirm the sentence and hold that…

2Cases cited15 opinions

  1. Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
  2. Lambert v. CaliforniaSupreme Court of the United States · 1958
  3. United States v. Cisneros-GutierrezCourt of Appeals for the Fifth Circuit · 2008
  4. Flores-Figueroa v. United StatesSupreme Court of the United States · 2009
  5. United States v. Juarez-DuarteCourt of Appeals for the Fifth Circuit · 2008

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3Cited by82 opinions

  1. United States v. James RomansCourt of Appeals for the Fifth Circuit · 2016
  2. United States v. RayCourt of Appeals for the Tenth Circuit · 2013
  3. United States v. JobCourt of Appeals for the Ninth Circuit · 2017
  4. United States v. Melvin GordonCourt of Appeals for the Fifth Circuit · 2016
  5. United States v. Le'Ann KossCourt of Appeals for the Fifth Circuit · 2016

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

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