[DOWNLOAD] "United States v. Rivera" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Rivera
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 03, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
E. GRADY JOLLY, Circuit Judge: The defendant, Elias Gomez Rivera, pled guilty to distribution of .28 grams of heroin in violation of 21 U.S.C. § 841(a)(1) and was sentenced to 92 months of imprisonment. Rivera appeals, challenging the constitutionality of the Sentencing Guidelines and arguing that the district court improperly applied the Guidelines. We uphold the constitutionality of the Guidelines, but we vacate Rivera's sentence and remand the case to the district court for resentencing because we conclude that there are insufficient factual findings to support the application of the Guidelines in this case.