Legal Opinion
United States v. Edgar Montoya
Court of Appeals for the First Circuit
Decided July 20, 1992No. 91-1537PublishedCited by 19 opinions
1Opinion of the Court
CYR, Circuit Judge.
Edgar Montoya pled guilty to one count of possessing cocaine, with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). On appeal, Montoya attempts to challenge the constitutionality and reliability of the district court’s application of the “relevant conduct” guideline, see U.S.S.G. § 1B1.3, 1 which resulted in a determination that Montoya was responsible for 1,270.5 grams of cocaine, as set forth in the pre-sentence report. Montoya claims that the sixty-three month sentence imposed by the district court violates the Fifth and Sixth Amendments. 2
1. Sixth…
2Cases cited27 opinions
- United States v. TuckerSupreme Court of the United States · 1972
- Townsend v. BurkeSupreme Court of the United States · 1948
- United States v. Kikumura, YuCourt of Appeals for the Third Circuit · 1990
- United States v. William A. DietzCourt of Appeals for the First Circuit · 1991
- United States v. Barry J. GriffinCourt of Appeals for the First Circuit · 1987
22 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. MorilloCourt of Appeals for the First Circuit · 1993
- United States v. LucianoCourt of Appeals for the First Circuit · 2005
- United States v. RodriguezCourt of Appeals for the First Circuit · 1998
- United States v. Oscar J. PerezCourt of Appeals for the Tenth Circuit · 1993
- United States v. Jimenez MartinezCourt of Appeals for the First Circuit · 1996
14 more not listed; retrieve them via the Exa API.