Fifth Circuit· 10/25/2005

United States v. Garza

Citations

429 F.3d 165
2005 WL 2757503

How courts have described this case

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

recognizing that the Government had, to date, demonstrated harmless Booker error only in instances where (1) the district court expressly indicated that it would impose the same sentence under an advisory scheme and (2
stating that a Blakely objection in the district court preserves Booker error and reviewing under the harmless-error standard
noting that the district court made findings of specific vulnerabilities of individual victims
distinguishing Angeles-Mendoza and holding base sentencing level of mail fraud offense did not take victims’ undocumented status into account
“We agree with our sister Circuits, who have uniformly held that judicial fact-finding supporting restitution orders does not violate the Sixth Amendment.”
unlike crime of alien smuggling, offenses including mail fraud, conspiracy, and impersonating a federal employee do not necessarily involve undocumented aliens

Source: CourtListener parenthetical corpus (CC0).

Judges: Benavides, Stewart, Owen

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Cited by

53 cases in this archive cite this case; the 20 most cited are listed.

Cites

31 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Garza

68 other CourtListener records share this case name; the 50 most cited are listed.

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