Legal Opinion

United States v. Landa

Court of Appeals for the Ninth Circuit

Decided June 15, 2011No. 09-10429PublishedCited by 5 opinions

1Opinion of the Court

Opinion by Judge TALLMAN; Dissent by Judge W. FLETCHER.

OPINION

TALLMAN, Circuit Judge:

Defendant-Appellant Baldemar Landa pled guilty to violating the Controlled Substances Act and received the mandatory minimum sentence of five years. Landa argues that in computing his sentence, the district court improperly calculated his criminal history score by counting his pri- or conviction under California Vehicle Code section 23140(a), which makes it unlawful for a person younger than twenty-one years of age to drive with a blood-alcohol content (BAC) of .05% or greater.

The district court determined…

2Cases cited13 opinions

  1. Stinson v. United StatesSupreme Court of the United States · 1993
  2. United States v. Gomez-LeonCourt of Appeals for the Ninth Circuit · 2008
  3. United States v. Rosalio CorreaCourt of Appeals for the First Circuit · 1997
  4. United States v. Justin WebbCourt of Appeals for the Eighth Circuit · 2000
  5. United States v. Clyde Frank MartinezCourt of Appeals for the Ninth Circuit · 1990

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

3Cited by5 opinions

  1. United States v. ArchuletaCourt of Appeals for the Tenth Circuit · 2017
  2. United States v. ColasantiDistrict Court, D. Oregon · 2017
  3. Consolidated Chassis Management LLC v. Northland Insurance CompanyDistrict Court, N.D. Illinois · 2020
  4. United States v. DavisCourt of Appeals for the Tenth Circuit · 2025
  5. United States v. LandaCourt of Appeals for the Ninth Circuit · 2011

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