Legal Opinion

United States v. Lopez-Pastrana

Court of Appeals for the First Circuit

Decided May 4, 2018No. 15-1894PPublishedCited by 38 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

Appellant Jose Luis Lopez-Pastrana, who was sentenced on drug and firearms charges pursuant to a plea agreement, claims that the district court erred by ordering a twelve-month term of home detention on the drug count to be served after his mandatory minimum five-year term of imprisonment on the firearms count. We agree that the home-detention condition was imposed improperly and, accordingly, remand the case for resentencing. We do not reach appellant's pro se appellate claims, as they are either waived or not properly before us.

I

Lopez-Pastrana was charged in a…

2Cases cited13 opinions

  1. Tollett v. HendersonSupreme Court of the United States · 1973
  2. Pepper v. United StatesSupreme Court of the United States · 2011
  3. United States v. PughCourt of Appeals for the Eleventh Circuit · 2008
  4. United States v. MartinCourt of Appeals for the First Circuit · 2004
  5. United States v. Castro-VazquezCourt of Appeals for the First Circuit · 2015

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3Cited by38 opinions

  1. (PC) Harris v. BorquezDistrict Court, E.D. California · 2023
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  3. Armstrong v. FCA US LLCDistrict Court, E.D. California · 2020
  4. Berryhill v. Costco Wholesale Corp.District Court, E.D. California · 2023
  5. Bingham v. Shaver Transportation CompanyDistrict Court, W.D. Washington · 2022

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