Legal Opinion

United States v. Candia

Court of Appeals for the Fifth Circuit

Decided June 28, 2006No. 05-30213PublishedCited by 102 opinions

1Opinion of the Court

CARL E. STEWART, Circuit Judge:

Delio Jesus Candía pled guilty to conspiracy to distribute cocaine and cocaine base, in violation of 21 U.S.C. § 846, and was sentenced within an applicable sentencing range properly calculated under the advisory U.S. Sentencing Guidelines Manual (“U.S.S.G.,” “federal guidelines,” or “guidelines”) (2006). Candía appeals this post-Booker 1 advisory guidelines sentence as unreasonable and as an abuse of discretion because it was imposed consecutively to an undischarged state sentence.

This appeal presents a question of first impression: When the district court…

2Cases cited15 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. MaresCourt of Appeals for the Fifth Circuit · 2005
  3. United States v. SmithCourt of Appeals for the Fifth Circuit · 2006
  4. United States v. AlonzoCourt of Appeals for the Fifth Circuit · 2006
  5. United States v. Welton BrownCourt of Appeals for the Fifth Circuit · 1991

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

3Cited by102 opinions

  1. United States v. CooksCourt of Appeals for the Fifth Circuit · 2009
  2. United States v. Booker PowellCourt of Appeals for the Fifth Circuit · 2013
  3. United States v. DamatoCourt of Appeals for the Tenth Circuit · 2012
  4. United States v. SetserCourt of Appeals for the Fifth Circuit · 2010
  5. United States v. Guillermo BallezaCourt of Appeals for the Fifth Circuit · 2010

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

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