Legal Opinion
United States v. Alvarado
District Court, D. New Mexico
Decided July 20, 2006No. CR 05-377 BBPublishedCited by 4 opinions
1Opinion of the Court
Sentencing Memorandum Opinion
BLACK, District Judge.
THIS MATTER is before the Court on whether the Court may sentence under the United States Sentencing Guidelines or is required to impose a mandatory life sentence without the possibility of parole. The Court having considered the briefs of the parties and fully researched the law, finds Defendant’s appearance before the state court in June 2001 did not result in a final conviction for a felony drug offense under provisions of the Omnibus Drug Initiative Act contained in 21 U.S.C. § 841(b)(1)(A).
Factual History
On January 18, 2001,…
2Cases cited26 opinions
- Solem v. HelmSupreme Court of the United States · 1983
- Harmelin v. MichiganSupreme Court of the United States · 1991
- United States v. BatchelderSupreme Court of the United States · 1979
- Ewing v. CaliforniaSupreme Court of the United States · 2003
- United States of America, and Cross-Appellant v. Randolph Short, and Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1991
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3Cited by4 opinions
- United States v. Ornelas-YanezDistrict Court, D. New Mexico · 2014
- Williams, Milton VeranCourt of Appeals of Texas · 2015
- Williams, Milton VeranCourt of Appeals of Texas · 2015
- Williams, Milton VeranCourt of Appeals of Texas · 2015