Legal Opinion

United States v. Almeida

Court of Appeals for the First Circuit

Decided March 11, 2013No. 11-1267PublishedCited by 13 opinions

1Opinion of the Court

STAHL, Circuit Judge.

Daniel Almeida was indicted and tried for bank burglary under 18 U.S.C. § 2113(a). The jury found him guilty. On the basis of the evidence adduced at trial, the district court applied a sentencing guideline intended for cases of robbery, rather than the burglary guideline Almei-da proposed. The resulting sentence was roughly twice what it would have been under the burglary guideline. Almeida now appeals that sentence, arguing that it was unconstitutional for the district court to sentence him under a guideline intended for robbery, given the government’s failure to…

2Cases cited15 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
  3. United States v. BelfastCourt of Appeals for the Eleventh Circuit · 2010
  4. United States v. Unis BahCourt of Appeals for the Eighth Circuit · 2006
  5. United States v. PanetoCourt of Appeals for the First Circuit · 2011

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

3Cited by13 opinions

  1. King v. United StatesCourt of Appeals for the First Circuit · 2020
  2. United States v. Kupfer (Joseph)Court of Appeals for the Tenth Circuit · 2015
  3. United States v. IhenachoCourt of Appeals for the First Circuit · 2013
  4. Segrain v. DuffyCourt of Appeals for the First Circuit · 2024
  5. United States v. GracieCourt of Appeals for the First Circuit · 2013

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

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