Legal Opinion

United States v. Garcia

Court of Appeals for the Fifth Circuit

Decided April 14, 2010No. 09-40575PublishedCited by 23 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Lee Garcia was convicted, following a bench trial, of possessing with intent to distribute more than five kilograms of cocaine. On appeal, he challenges the denial of his motion to suppress the cocaine that officers found secreted inside stereo speakers in the cab of his truck. He also appeals his sentence, noting a discrepancy between the oral pronouncement and the written judgment. We affirm the conviction, which followed the denial of a motion to suppress. We vacate the sentence in the written judgment and remand for re-sentencing and for the correction of a…

2Cases cited20 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. United States v. RossSupreme Court of the United States · 1982
  3. Florida v. JimenoSupreme Court of the United States · 1991
  4. United States v. Manuel Flores, United States of America v. Juan Raul GarzaCourt of Appeals for the Fifth Circuit · 1995
  5. De Zon v. American President Lines, Ltd.Supreme Court of the United States · 1943

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3Cited by23 opinions

  1. United States v. OliverCourt of Appeals for the Fifth Circuit · 2011
  2. Commonwealth v. Valdivia, R., Aplt.Supreme Court of Pennsylvania · 2018
  3. Brackeen v. HaalandCourt of Appeals for the Fifth Circuit · 2021
  4. United States v. Olivares-PachecoCourt of Appeals for the Fifth Circuit · 2011
  5. United States v. HernandezCourt of Appeals for the Fifth Circuit · 2012

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

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