In United States vs. Qunitero, No. 17-20727 the Fifth Circuit held that an error in the sentencing guidelines could meet the plain error analysis. Quintero pled guilty to illegally re-entering the U.S. He wasoriginally scheduled for sentencing under the 2015 Guidelines, but was delayedto December after the 2016 Guidelines Manual had gone into effect. Quintero […]
Tag: fifth circuit
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Fifth Circuit Vacates Sentence Enhancement Under 16(b) Because of Dimaya
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United States of America v. Jose Prisciliano Gracia-Cantu, No. 15-40227, 2018 WL 2068684 Gracia-Cantu pled guilty to being an alien unlawfully present in the United States after previously being deported. He also had a prior conviction for Assault Family Violence under Texas Penal Code 22.01(a)(1) and 22.01(b)(2). The presentence report recommended an eight level increase […]
Fifth Circuit Remands Sentence for Setting a Mandatory Minimum Without Proper Jury Instructions
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In United States v. Suarez, No. 16-41267, the Fifth Circuit remanded a sentence back to the District Court for failing to properly charge the jury in a case where a mandatory minimum was at issue. Suarez was found with meth, drug-distributing items, a .380 pistol and a Winchester sawed-off shotgun that was disassembled with a […]
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