Legal Opinion

United States v. Jose Mercedes-Amparo

Court of Appeals for the First Circuit

Decided November 23, 1992No. 92-1483PublishedCited by 42 opinions

1Opinion of the Court

CYR, Circuit Judge.

Appellant Jose Mercedes Amparo pled guilty to attempting to bring illegal aliens into the United States in violation of 8 U.S.C. § 1324(a)(1)(A). He claims that the twenty-four month prison term imposed by the district court was disproportionately severe and premised on an improper upward departure. We remand for resentencing due to the government’s breach of its plea agreement obligation to recommend a sentence within the applicable guideline sentencing range (“GSR”).

I

BACKGROUND

On September 27, 1991, the United States Border Patrol intercepted a 38-foot yawl carrying…

2Cases cited16 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Brady v. United StatesSupreme Court of the United States · 1970
  3. Santobello v. New YorkSupreme Court of the United States · 1971
  4. Singleton v. WulffSupreme Court of the United States · 1976
  5. MacHibroda v. United StatesSupreme Court of the United States · 1962

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

3Cited by42 opinions

  1. T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
  2. National Association of Social Workers v. John B. HarwoodCourt of Appeals for the First Circuit · 1995
  3. United States v. FrazierCourt of Appeals for the First Circuit · 2003
  4. MaineGeneral Medical Center v. ShalalaCourt of Appeals for the First Circuit · 2000
  5. United States v. Mojica-RamosCourt of Appeals for the First Circuit · 2024

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

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