Legal Opinion

United States v. Alvarez

Court of Appeals for the Fifth Circuit

Decided April 14, 2000No. 99-20883PublishedCited by 90 opinions

1Per curiam

Rogelio Alvarez, a federal prisoner (# 00518-111), appeals from the district court’s denial of his motion for reduction of sentence, filed pursuant to 18 U.S.C. § 3582(c)(2). Alvarez’s notice of appeal was filed 11 days after the district court entered judgment.

Two of this court’s sister circuits have held that a § 3582(c)(2) motion is not a civil postconviction action but a “step in a criminal case,” the denial of which must be appealed within 10 days from the entry of judgment. United States v. Ono, 72 F.3d 101, 102-03 (9th Cir.1995); United States v. Petty, 82 F.3d 809, 810 (8th Cir.1996);…

2Cases cited6 opinions

  1. United States v. RobinsonSupreme Court of the United States · 1960
  2. United States v. Paul Masuru OnoCourt of Appeals for the Ninth Circuit · 1995
  3. United States v. Hilario Gonzalez-Balderas, Sr., Also Known as Hilario Perez, Also Known as Mr. PerezCourt of Appeals for the Fifth Circuit · 1997
  4. United States v. Joseph Anthony PettyCourt of Appeals for the Eighth Circuit · 1996
  5. United States v. Robert Henry GoldingCourt of Appeals for the Fifth Circuit · 1984

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

3Cited by90 opinions

  1. United States v. GoodwynCourt of Appeals for the Fourth Circuit · 2010
  2. In Re Special Grand Jury 89-2Court of Appeals for the Tenth Circuit · 2006
  3. United States v. PhillipsCourt of Appeals for the Eleventh Circuit · 2010
  4. United States v. Harvey Keith FairCourt of Appeals for the Eleventh Circuit · 2003
  5. United States v. Manuel Espinosa-Talamantes, Also Known as Ramon Valles-LopezCourt of Appeals for the Tenth Circuit · 2003

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

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