Legal Opinion
United States v. Garcia-Hernandez
Court of Appeals for the First Circuit
Decided October 12, 2011No. 10-2146PublishedCited by 19 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal presents two unrelated issues, which we decide together only because they arise within the confines of a single criminal case. The first issue hinges on whether the Supreme Court’s decision in Hudson v. Michigan, 547 U.S. 586, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006), establishes categorically that exclusion of seized evidence is not available as a remedy for violations of the knock-and-announce rule. The second issue involves sentencing; its resolution depends on whether the aggravating role adjustment contained in section 3Bl.l(b) of the federal sentencing…
2Cases cited15 opinions
- Hudson v. MichiganSupreme Court of the United States · 2006
- Richards v. WisconsinSupreme Court of the United States · 1997
- Wilson v. ArkansasSupreme Court of the United States · 1995
- United States v. RamirezSupreme Court of the United States · 1998
- United States v. MartinCourt of Appeals for the First Circuit · 2008
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. ChiaradioCourt of Appeals for the First Circuit · 2012
- United States v. FloydCourt of Appeals for the First Circuit · 2014
- United States v. PonzoCourt of Appeals for the First Circuit · 2017
- United States v. Acosta-ColónCourt of Appeals for the First Circuit · 2013
- United States v. TanguayCourt of Appeals for the First Circuit · 2015
14 more not listed; retrieve them via the Exa API.