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Legal Opinion

United States v. Jorge Silva-De Hoyos

Court of Appeals for the Fifth Circuit

Decided December 18, 2012No. 11-51177PublishedCited by 14 opinions

1Opinion of the Court

OWEN, Circuit Judge:

Jorge Luis Silva-De Hoyos (Silva) was convicted of possession with intent to distribute cocaine and importation of cocaine. He appeals only his sentence, contending that the district court erred (1) in denying him a minor-participant adjustment and (2) by ordering him ineligible for federal benefits for five years. We hold that the district court did not clearly err in denying the minor-participant adjustment but that it did err in its application of a five-year period of ineligibility. We nevertheless decline to exercise our discretion to correct the error because there…

2Cases cited12 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. United States v. AtkinsonSupreme Court of the United States · 1936
  3. United States v. VillanuevaCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. Leonard Orozco BuenrostroCourt of Appeals for the Fifth Circuit · 1989
  5. United States v. BrownCourt of Appeals for the Fifth Circuit · 1995

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

3Cited by14 opinions

  1. United States v. Guadalupe AlcantarCourt of Appeals for the Fifth Circuit · 2013
  2. United States v. Brandon PhillipsCourt of Appeals for the Eighth Circuit · 2024
  3. United States v. Rafael MarroquinCourt of Appeals for the Fifth Circuit · 2018
  4. United States v. ButlerCourt of Appeals for the Fifth Circuit · 2021
  5. United States v. Rafael MarroquinCourt of Appeals for the Fifth Circuit · 2017

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

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