Legal Opinion
United States v. Espinola
Court of Appeals for the First Circuit
Decided September 27, 2007No. 06-2340PublishedCited by 6 opinions
1Per curiam
Defendant Carlos Espinóla (“Espinóla”) appeals from his 148-month, below-guidelines sentence for conspiring to distribute oxycodone 1 in violation of 21 U.S.C. §§ 841(a), 846. On appeal, Espinóla seeks resentencing on the grounds that the district court (1) violated his due process rights by making factual findings by a preponderance of the evidence rather than beyond a reasonable doubt; (2) clearly erred in calculating the drug amount attributable to him and in finding that he possessed a firearm during the commission of the offense; (3) violated Federal Rule of Criminal Procedure…
2Cases cited13 opinions
- United States v. BookerSupreme Court of the United States · 2004
- United States v. OlanoSupreme Court of the United States · 1993
- United States v. SantosCourt of Appeals for the First Circuit · 2004
- United States v. Navedo-ConcepcionCourt of Appeals for the First Circuit · 2006
- United States v. Brian Goodine, A/K/A Dwayne GoodineCourt of Appeals for the First Circuit · 2003
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3Cited by6 opinions
- United States v. Ortiz-GarciaCourt of Appeals for the First Circuit · 2011
- West v. United StatesCourt of Appeals for the First Circuit · 2011
- United States v. Rosario-OteroCourt of Appeals for the First Circuit · 2013
- United States v. DeleonCourt of Appeals for the First Circuit · 2013
- United States v. Rodriguez-AdornoCourt of Appeals for the First Circuit · 2011
1 more not listed; retrieve them via the Exa API.