Legal Opinion
United States v. Vazquez-Lebron
Court of Appeals for the Third Circuit
Decided October 2, 2009No. 08-3222PublishedCited by 29 opinions
1Opinion of the Court
OPINION
TASHIMA, Circuit Judge:
On July 16, 2008, Elmer Vazquez-Lebron (“Vazquez”) was sentenced to 48 months’ imprisonment for conspiracy to possess with intent to distribute 500 grams or more of cocaine hydrochloride, in violation of 21 U.S.C. § 846. Vazquez appeals, arguing that the District Court committed plain error by failing to give him the benefit of the downward departure that it granted in exchange for his substantial assistance in the prosecution of other offenders. We agree and, therefore, will vacate Vazquez’s sentence and remand to the District Court for resentencing.
I. Facts and…
2Cases cited11 opinions
- United States v. BookerSupreme Court of the United States · 2004
- United States v. OlanoSupreme Court of the United States · 1993
- Gall v. United StatesSupreme Court of the United States · 2007
- United States v. AtkinsonSupreme Court of the United States · 1936
- United States v. Johnny GunterCourt of Appeals for the Third Circuit · 2006
6 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. VosburghCourt of Appeals for the Third Circuit · 2010
- United States v. FumoCourt of Appeals for the Third Circuit · 2011
- United States v. Glorious ShaversCourt of Appeals for the Third Circuit · 2012
- United States v. AmirnazmiCourt of Appeals for the Third Circuit · 2011
- United States v. James Winston HayesCourt of Appeals for the Eleventh Circuit · 2014
24 more not listed; retrieve them via the Exa API.