Legal Opinion
United States v. Zapata-Lara
Court of Appeals for the Fifth Circuit
Decided August 13, 2010No. 09-40627PublishedCited by 25 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Hector Zapata-Lara appeals the application of a sentence enhancement for possession of a dangerous weapon. Because the district court failed to find either that Zapata-Lara possessed the weapon or that a co-conspirator possessed the weapon and that that possession was foreseeable to Zapata-Lara, we vacate the sentence and remand for resentencing.
I
Zapata-Lara pleaded guilty to conspiring to possess with the intent to distribute cocaine under 21 U.S.C. §§ 841 and 846 for his role as the broker in a drug deal between Victor Molano and Jesus Cavazos. The factual…
2Cases cited7 opinions
- United States v. CooperCourt of Appeals for the Fifth Circuit · 2001
- United States v. Tyron Mouton Mitchell, Byron Lamonte McCutcheon Raymond Lee Harbert, Jr., Corey Lamont Harbert and Derrick Dwayne BriscoeCourt of Appeals for the Fifth Circuit · 1994
- United States v. Roberto Aguilera-ZapataCourt of Appeals for the Fifth Circuit · 1990
- United States v. David HootenCourt of Appeals for the Fifth Circuit · 1991
- United States v. Tom Wilkinson Eastland, and Cullen Reed HarrisCourt of Appeals for the Fifth Circuit · 1993
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. James KingCourt of Appeals for the Fifth Circuit · 2014
- United States v. Adrian Rodriguez-GuerreroCourt of Appeals for the Fifth Circuit · 2015
- United States v. HuertaCourt of Appeals for the Fifth Circuit · 2021
- United States v. AjayiCourt of Appeals for the Fifth Circuit · 2023
- United States v. Abdullahi FidseCourt of Appeals for the Fifth Circuit · 2015
20 more not listed; retrieve them via the Exa API.