Legal Opinion
United States v. Mario R. Gaitan, United States of America v. Rafael Leos Nanez
Court of Appeals for the Fifth Circuit
Decided February 11, 1992No. 91-5524, 91-5613PublishedCited by 46 opinions
1Opinion of the Court
BARKSDALE, Circuit Judge.
These consolidated appeals concern the sentencing guidelines’ “career offender” enhancement, based, in part, on prior “controlled substance offenses”. The issue turns on whether, in determining if a prior conviction is such an offense, its underlying facts, instead of only the offense of conviction, may be considered. Nanez also challenges not being allowed to withdraw his guilty plea. On the plea issue, we AFFIRM; for the sentences, VACATE and REMAND.
I
Gaitan and Nanez were sentenced in 1990 and 1991, respectively, by different district judges. Both judges concluded…
2Cases cited16 opinions
- United States v. Michael CarrCourt of Appeals for the Fifth Circuit · 1984
- United States v. Tommy Ray HigdonCourt of Appeals for the Fifth Circuit · 1987
- United States v. Elias Gomez RiveraCourt of Appeals for the Fifth Circuit · 1990
- United States v. Jerry Lewis PearsonCourt of Appeals for the Fifth Circuit · 1990
- United States v. Mark Lynn FitzhughCourt of Appeals for the Fifth Circuit · 1992
11 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- United States v. CalverleyCourt of Appeals for the Fifth Circuit · 1994
- United States v. Charles Michael KissickCourt of Appeals for the Tenth Circuit · 1995
- United States v. Luis A. MontanezCourt of Appeals for the Sixth Circuit · 2006
- United States v. Thomas Gerald HeadrickCourt of Appeals for the Fifth Circuit · 1992
- United States v. Gordon W. Kenyon, Jr.Court of Appeals for the Eighth Circuit · 1993
41 more not listed; retrieve them via the Exa API.