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· 2/21/1997

United States of America, Plaintiff-Appellee-Cross-Appellant v. Reynaldo Marmolejo, Defendant-Appellant-Cross-Appellee

Citations

  • 106 F.3d 1213
  • 1997 U.S. App. LEXIS 3231
  • 1997 WL 73833

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, in a drug trafficking case, the dangerous weapon enhancement does not apply if it is “clearly improbable” the weapon was connected with the case
  • holding that an INS agent was subject to the firearm enhancement when he escorted drug couriers while carrying a gun, despite the facts that he did not use the gun and that carrying a gun was a requirement of his position
  • holding that an INS agent was subject to the firearm enhancement when he escorted drug couriers while carrying a gun, despite the facts that he did not use the gun and that carrying a gun was a requirement of his position
  • holding that “when a sentence is based on activity in which a defendant was actually involved, § 3B1.2 does not require a reduction in the base offense level even though the defendant’s activity in a larger conspiracy may have been minor or minimal.”
  • holding that “when a sentence is based on activity in which a defendant was actually involved, § 3B1.2 does not require a reduction in the base offense level even though the defendant’s activity in a larger conspiracy may have been minor or minimal.”
  • applying the weapons enhancement where armed INS officer transported drugs, acting as an “armed guard”

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Smith, Garza

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.