Legal Opinion

United States v. Garcia-Rodriguez

Court of Appeals for the Fifth Circuit

Decided July 1, 2005No. 03-40906PublishedCited by 47 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Defendant-Appellant Oscar Danilo Garcia-Rodriguez (“Garcia”) appeals his sentence following his guilty ’plea for illegal reentry by a felon, -in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(1). The district court sentenced Garcia to thirty-seven months’ confinement, a three-year period of supervised release, and a $100 special assessment. Garcia was sentenced on June 19, 2003, and Final Judgment was entered on June 24, 2003. Garcia’s appeal contends, for the first time, that the court miscalculated the effect of his two probated felony drug convictions when…

2Cases cited19 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. United States v. OlanoSupreme Court of the United States · 1993
  4. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  5. United States v. CottonSupreme Court of the United States · 2002

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

3Cited by47 opinions

  1. United States v. BroussardCourt of Appeals for the Fifth Circuit · 2012
  2. United States v. JacksonCourt of Appeals for the Fifth Circuit · 2008
  3. United States v. Estevan Ochoa-GomezCourt of Appeals for the Fifth Circuit · 2015
  4. United States v. Albert GuzmanCourt of Appeals for the Fifth Circuit · 2014
  5. United States v. Martin Guillen-CruzCourt of Appeals for the Fifth Circuit · 2017

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

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