Legal Opinion

United States v. Jose Manuel Pinto, United States of America v. Edgar Florez

Court of Appeals for the Ninth Circuit

Decided January 30, 1995No. 94-50095, 94-50100PublishedCited by 51 opinions

1Opinion of the Court

LEAVY, Circuit Judge:

Defendants Jose Manuel Pinto (“Pinto”) and Edgar Florez (“Florez”) appeal from their sentences under the Sentencing Guidelines following their guilty pleas for conspiracy to possess with intent to distribute and to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. Both defendants appeal denial of a downward departure under U.S.S.G. § 2D1.1, Application Note 16. Defendant Pinto also appeals denial of departure under § 5K2.12 and admission of evidence in his sentencing hearing without prior notice. We affirm.

FACTS AND PRIOR PROCEEDINGS

On February 1,1992,…

2Cases cited13 opinions

  1. United States v. Steven Charles BeldenCourt of Appeals for the Ninth Circuit · 1992
  2. United States v. PettyCourt of Appeals for the Ninth Circuit · 1993
  3. United States v. Jose Garza CantuCourt of Appeals for the Ninth Circuit · 1993
  4. United States v. JohnsonCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. Juan Buenrostro-TorresCourt of Appeals for the Ninth Circuit · 1994

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3Cited by51 opinions

  1. United States v. Chance ReardenCourt of Appeals for the Ninth Circuit · 2003
  2. United States v. BlitzCourt of Appeals for the Ninth Circuit · 1998
  3. UNITED STATES of America, Plaintiff-Appellee, v. Adolfo Alberto MARIN-CUEVAS, AKA Jesus Marin-Cuevas, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
  4. United States v. DuboseCourt of Appeals for the Ninth Circuit · 1998
  5. UNITED STATES of America, Plaintiff-Appellee, v. Jesus Munguia MENDOZA, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997

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