Legal Opinion

United States v. Gallardo-Ortiz

Court of Appeals for the First Circuit

Decided January 24, 2012No. 08-2292PublishedCited by 40 opinions

1Opinion of the Court

HOWARD, Circuit Judge.

By plea agreement, defendant-appellant Jorge Luis Gallardo-Ortiz pled guilty to two criminal counts involving his unlawful possession of ammunition and a firearm, a Glock Model 27, which is .40 caliber handgun capable of operating as a fully automatic machine gun. See 18 U.S.C. §§ 922(g)(1), 922(o); see also 18 U.S.C. § 921(23) (incorporating definition of “machinegun” firearm under 26 U.S.C. § 5845(b)). The parties recommended a sentence of 33 months of incarceration, which the district court rejected. Instead, after considering the particulars of the case in light of…

2Cases cited21 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Kimbrough v. United StatesSupreme Court of the United States · 2007
  4. United States v. MartinCourt of Appeals for the First Circuit · 2008
  5. United States v. ClogstonCourt of Appeals for the First Circuit · 2011

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

3Cited by40 opinions

  1. United States v. Flores-MachicoteCourt of Appeals for the First Circuit · 2013
  2. United States v. LeahyCourt of Appeals for the First Circuit · 2012
  3. United States v. Santiago-RiveraCourt of Appeals for the First Circuit · 2014
  4. United States v. Millan-IsaacCourt of Appeals for the First Circuit · 2014
  5. United States v. Diaz-LugoCourt of Appeals for the First Circuit · 2020

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

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