Cases

TORRUELLA, Circuit Judge, Dissenting. Carlos Sevilla-Oyola (“Sevilla”) was sentenced by the district court to 405 months *326in prison. On appeal, he brings to our court’s attention numerous errors. The majority, finding several of these claims meritorious, has granted a most unusual form of “relief’ — life in prison. From that irrational result, I resp

TORRUELLA, Circuit Judge (Concurring in part, Dissenting in part). Carlos Sevilla-Oyola (“Sevilla”) was sentenced by the district court to 405 months in prison. On appeal, he brings numerous errors to our court’s attention. The majority, finding several of these claims meritorious, initially granted a most unusual form of “relief’ — life in prison. Upon panel rehearing, the majority recognized this irrational r

United States Court of Appeals For the First Circuit Nos. 12-1264, 12-1463 UNITED STATES, Appellee, v. CARLOS SEVILLA-OYOLA, a/k/a Carlitos Caridad, a/k/a Viejo, Defendant, Appellant. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Jos

MEMORANDUM OPINION AND ORDER JOSE ANTONIO FUSTE, District Judge. Pending before the court is Defendant’s Omnibus Motion Regarding Sentencing (“Omnibus Motion”). (Docket No. 2586.) Defendant’s Omnibus Motion contains three motions: A Motion to Recuse, a “Santobello Motion,”1 and a Motion to Vacate Sentence. (Id.) Regarding the Motion to Vacate the Sent

Opinions of the United 2008 Decisions States Court of Appeals for the Third Circuit 9-4-2008 USA v. Sevilla Precedential or Non-Precedential

541 F.3d 226 (2008) UNITED STATES of America v. Eduardo SEVILLA a/k/a Wilfredo Garcia a/k/a Mex a/k/a Mexico a/k/a Wilfredo Beltram Eduardo Sevilla, Appellant. No. 07-1105. United States Court of Appeals, Third Circuit. Argued February 5, 2008. Opinion filed: September 4, 2008. *228 James V. Wade, Federal Pub

MEMORANDUM** Armando Sevilla appeals his sentence of 57 months imposed following his guilty plea conviction for one count of conspiracy to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We review for clear error a district court’s factual finding that the defendant was not a minimal or minor participant for purposes of

*790MEMORANDUM ** German Sevilla-Rodriguez appeals from the 57-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291. We vacate and remand. Sevilla-Rodriguez was sentenced in 2004 under the mandatory Senten

MEMORANDUM** Jose Sevilla-Mancilla appeals the 33-month sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326. Sevilla-Mancilla contends that the district court improperly applied a sixteen-level upward adjustment under U.S.S.G. § 2L1.2(b)(l)(A) based on prior convictions that were obtained in violation of his Sixth Amendment right t

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

MEMORANDUM OPINION AND ORDER JEFFREY COLE, United States Magistrate Judge. Maria Quintana underwent an elective total hysterectomy at Mount Sinai Hospital on October 13, 2008. During the surgery, Ms. Quintana’s bowel was lacerated and its contents began leaking into her abdomen. Five days later, she died from an overwhelming infection. Ms. Quintana is survived by her husband and four children. Her esta

Petition for writ of cer-tiorari to the United States Court of Appeals for the Fifth Circuit denied. Same case below, 408 Fed. Appx. 784.

BENTON, Circuit Judge. Cesar Sevilla-Acosta was convicted of one count of conspiracy to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1), 841(b)(1)(A), and 846. The district court 1 sentenced him below the guidelines to 135 months’ imprisonment. He appeals his conviction. Having jurisdiction under 28 U.S.C. § 1

C. A. 5th Cir. Certiorari denied.

709 F.2d 713 U. S.v.Sevilla-Garcia 82-1702 UNITED STATES COURT OF APPEALS Fifth Circuit 6/23/83 1 W.D.Tex. REVERSED

PER CURIAM: * Appealing the Judgment in a Criminal Case, Victor Lopez-Sevilla raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate erimi*736nal offense. See United St

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

G. A. 6th Cir. Certiorari denied.

G. A. 6th Cir. Certiorari denied.

C. A. 5th Cir. Certiorari denied.