United States v. Francisco Hernandez
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LOKEN, Circuit Judge,
with whom MELLOY, Circuit Judge, joins.
Francisco Hernandez pleaded guilty to distributing more than five grams of methamphetamine (actual) in violation of 21 U.S.C. § 841(a)(1) and (b)(1). He was sentenced to 100 months in prison, the bottom of the advisory guidelines range. Hernandez appeals, arguing the district court1 committed clear procedural sentencing error when it assigned three criminal history points to a prior state drug conviction because it was based on relevant conduct. Finding no clear error, we affirm.
In November 2010, Omaha police officers stopped a…
2Cases cited7 opinions
- United States v. Susan DavidsonCourt of Appeals for the Eighth Circuit · 1999
- United States v. Jason M. WeilandCourt of Appeals for the Eighth Circuit · 2002
- United States v. BoroughfCourt of Appeals for the Eighth Circuit · 2011
- United States v. Timothy Wayne SpenceCourt of Appeals for the Eighth Circuit · 1997
- United States v. AultCourt of Appeals for the Eighth Circuit · 2010
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3Cited by13 opinions
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- United States v. Corey KeysCourt of Appeals for the Eighth Circuit · 2015
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