Legal Opinion

United States v. M. Alvarado-Rivera

Court of Appeals for the Eighth Circuit

Decided June 20, 2005No. 03-2308, 03-2374PublishedCited by 1 opinion

1Opinion of the Court

MURPHY, Circuit Judge.

Martha Alvarado-Rivera and Gilberto Moya-Vega each pled guilty to conspiracy to distribute and possess with intent to distribute over 500 grams of a substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(b)(1)(A) and 846. After considering and rejecting their requests for a sentence below the statutory mandatory minimum through the use of the safety valve provision in 18 U.S.C. § 3553(f), the district court1 sentenced Alvarado-Rivera to 120 months and Moya-Vega to 135 months. They appealed and a hearing panel reversed, with one judge dissenting. United…

2Cases cited13 opinions

United States v. BookerSupreme Court of the United States · 2004
Blakely v. WashingtonSupreme Court of the United States · 2004
United States v. Louis F. PiraniCourt of Appeals for the Eighth Circuit · 2005
United States v. Gary O'DellCourt of Appeals for the Eighth Circuit · 2000
United States v. Flavio Diaz SantanaCourt of Appeals for the Eighth Circuit · 1998

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3Cited by1 opinion

UNITED STATES OF AMERICA, PLAINTIFF—APPELLEE v. MARTHA ALVARADO-RIVERA, ALSO KNOWN AS ROSA ONTIVEROS ARANDA, DEFENDANT—APPELLANT. UNITED STATES OF AMERICA, PLAINTIFF—APPELLEE v. GILBERTO MOYA-VEGA, ALSO KNOWN AS JORGE SALINAS, DEFENDANT—APPELLANTCourt of Appeals for the Eighth Circuit · 2005