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Legal Opinion

United States v. Francisco Garate

Court of Appeals for the Eighth Circuit

Decided April 3, 2007No. 06-1667PublishedCited by 11 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

Francisco Garate pled guilty to two counts of travel with intent to engage in sexual conduct with a minor, in violation of 18 U.S.C. § 2423(b). The district court calculated an advisory guideline sentence of 57 to 71 months, determined a variance would be appropriate under 18 U.S.C. § 3553(a), and sentenced Garate to 30 months. The government appeals the sentence as unreasonable. We reverse and remand for resentencing.

Garate was a nineteen year old man living in Long Beach, California when he met a twelve year old girl through an internet chat room in March 2002. She…

2Cases cited10 opinions

  1. United States v. Darrin Todd HaackCourt of Appeals for the Eighth Circuit · 2005
  2. United States v. Shelly MashekCourt of Appeals for the Eighth Circuit · 2005
  3. Frances Kern v. Txo Production CorporationCourt of Appeals for the Eighth Circuit · 1984
  4. United States v. Brian Michael GallCourt of Appeals for the Eighth Circuit · 2006
  5. United States v. Rene PlazaCourt of Appeals for the Eighth Circuit · 2006

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

3Cited by11 opinions

  1. United States v. AllenCourt of Appeals for the Tenth Circuit · 2007
  2. United States v. JonesCourt of Appeals for the Eighth Circuit · 2007
  3. United States v. GarateCourt of Appeals for the Eighth Circuit · 2008
  4. United States v. Abu AliCourt of Appeals for the Fourth Circuit · 2008
  5. United States v. Abu AliCourt of Appeals for the Fourth Circuit · 2008

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

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