Legal Opinion

United States v. Alba-Flores

Court of Appeals for the Ninth Circuit

Decided August 18, 2009No. 08-50135PublishedCited by 13 opinions

1Opinion of the Court

FERNANDEZ, Circuit Judge:

Eduardo Alba-Flores appeals his sentence for importation of methamphetamine. See 21 U.S.C. §§ 952, 960. Specifically, he asserts that the district court erred when it determined that he had more than one criminal history point under the United States Sentencing Guidelines because he was serving a term of probation at the time of his federal offense, although probation was terminated before he was sentenced. See USSG § 4A1.1(d).1 That precluded a grant of relief under 18 U.S.C. § 3553(f) and USSG § 5C1.2 (“safety valve relief’). We affirm.

BACKGROUND

Alba-Flores was…

2Cases cited13 opinions

  1. United States v. StoterauCourt of Appeals for the Ninth Circuit · 2008
  2. United States v. Thomas Alan SumnerCourt of Appeals for the Ninth Circuit · 2000
  3. UNITED STATES of America, Plaintiff-Appellee, v. Yvonne N. AJUGWO, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996
  4. United States v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
  5. United States v. Alfonso HaydenCourt of Appeals for the Ninth Circuit · 2001

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3Cited by13 opinions

  1. United States v. David YepezCourt of Appeals for the Ninth Circuit · 2012
  2. United States v. Lizarraga-CarrizalesCourt of Appeals for the Ninth Circuit · 2014
  3. United States v. YepezCourt of Appeals for the Ninth Circuit · 2011
  4. United States v. Martin SalazarCourt of Appeals for the Ninth Circuit · 2023
  5. Alba-Flores v. United StatesSupreme Court of the United States · 2010

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