Legal Opinion
United States v. Jose Gerardo Munoz-Fabela
Court of Appeals for the Fifth Circuit
Decided March 7, 1990No. 89-2492PublishedCited by 78 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
A criminal defendant appeals, for the second time, his conviction pursuant to a statute that proscribes possession of a firearm during the commission of a drug-trafficking offense. Having already failed to establish that a separate prosecution for possession of the firearm constitutes double jeopardy, he now advocates that the statute is an “enhanced penalty provision” that, in the absence of an underlying drug-trafficking conviction, cannot provide an independent basis for punishment. On the basis of a prior opinion of this court, we conclude, however, that 18…
2Cases cited10 opinions
- United States v. Ernest Michael WilsonCourt of Appeals for the Fifth Circuit · 1989
- United States v. John L. RobinsonCourt of Appeals for the Fifth Circuit · 1988
- United States v. Margaret Carolyn Coburn, United States of America v. Margaret Carolyn CoburnCourt of Appeals for the Fifth Circuit · 1989
- United States v. John David BoydCourt of Appeals for the Fifth Circuit · 1989
- United States v. Anthony PriceCourt of Appeals for the Fifth Circuit · 1989
5 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- United States v. PaceCourt of Appeals for the Fifth Circuit · 1993
- United States v. Ruben Rocha, Thomas Padilla, Hector Garcia-Garcia, Johnny Robert Hinojosa, and Jose Santos GallegosCourt of Appeals for the Fifth Circuit · 1990
- United States v. James GarrettCourt of Appeals for the Seventh Circuit · 1990
- United States v. Brad Eugene Branch, Kevin Whitecliff, Jaime Castillo, Renos Lenny Avraam, Paul Fatta and Graeme Leonard CraddockCourt of Appeals for the Fifth Circuit · 1996
- United States v. Keith D. Long, United States of America v. Sonia E. MayfieldCourt of Appeals for the D.C. Circuit · 1990
73 more not listed; retrieve them via the Exa API.