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Tag: fifth circuit

The Law Office of Jeremy Gordon is an award winning federal criminal defense firm in practice since 2012. Located in the Dallas/Fort Worth area, we’ve won favorable outcomes across the country. If you or a loved one need help with a criminal case, contact our office today to discuss how we can give you the representation you deserve.
November 10, 2018
Fifth Circuit Holds That Sentencing Guidelines Error can Meet Plain Error Analysis

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 […]

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May 10, 2018
Fifth Circuit Vacates Sentence Enhancement Under 16(b) Because of Dimaya

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 […]

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March 8, 2018
Fifth Circuit Remands Sentence for Setting a Mandatory Minimum Without Proper Jury Instructions

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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