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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

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.