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Legal Opinion

United States v. Cesar Alarcon-Garcia, United States of America v. Daniel Bueno-Gardea, Also Known as Abel Hidalgo-Escarcega

Court of Appeals for the Eighth Circuit

Decided April 28, 2003No. 02-1549, 02-1648PublishedCited by 12 opinions

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

Cesar Alarcon-Garcia and Daniel Bue-no-Gardea 1 pleaded guilty to charges of conspiracy to distribute marijuana and possession of marijuana with intent to distribute. Since the amount of marijuana charged in the conspiracy exceeded one thousand kilograms, the district court 2 imposed a mandatory minimum sentence of ten years on each defendant. On appeal, Alarcon-Garcia and Bueno-Gardea both claim that the district court erred by not finding that they were entitled to the “safety valve” exception to these mandatory minimum sentences, which would have allowed the…

2Cases cited6 opinions

  1. United States v. MontanezCourt of Appeals for the First Circuit · 1996
  2. United States v. Eliseo Rodrigo RomoCourt of Appeals for the Eighth Circuit · 1996
  3. United States v. Juan Ramon Velasquez and Fidel Antonio VelasquezCourt of Appeals for the Eighth Circuit · 1998
  4. United States v. Oscar Hernandez RiosCourt of Appeals for the Eighth Circuit · 1999
  5. United States v. Guillermo Perales MoronesCourt of Appeals for the Eighth Circuit · 1999

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3Cited by12 opinions

  1. United States v. Jose SotoCourt of Appeals for the Eighth Circuit · 2006
  2. United States v. Sergio Jesus Guerra-Cabrera, United States of America v. Nazario Espinoza-CabreraCourt of Appeals for the Eighth Circuit · 2007
  3. United States v. Carlos ValquierCourt of Appeals for the Eighth Circuit · 2019
  4. United States v. M. Alvarado-RiveraCourt of Appeals for the Eighth Circuit · 2005
  5. 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

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