MUNIZ-MELCHOR

v.

UNITED STATES

Citator

Cited By (32 total)

• United States v. Vasquez, 953 F.2d 176 (5th Cir. 1992)
  …ed, 471 U.S. 1106, 105 S.Ct. 2340-41, 85 L.Ed.2d 855 (1985) (applying clearly erroneous standard to district court’s determination that exigent circumstances existed); United States v. Muniz-Melchor, 894 F. 2d 1430, 1433-34 (5th Cir.), cert. denied, 495 U.S. 923, 110 S.Ct. 1957, 109 L.Ed.2d 319 (1990) (when a district court’s ruling on a motion to suppress is based on live testimony, trial court’s purely factual findings must be accepted unless clearly erroneous, or influenced by an incorrect view of the la…
• United States v. Webster, 960 F.2d 1301 (5th Cir. 1992)
  …ment of his sentencing level for possession of a firearm during the commission of the offense. We review factual findings under the sentencing guidelines for clear error. United States v. Buenrostro, 868 F. 2d 135, 137 (5th Cir.1989), cert. denied, 495 U.S. 923, 110 S.Ct. 1957, 109 L.Ed.2d 319 (1990). We must uphold a sentence imposed under the guidelines unless it was imposed in violation of law, or was imposed as a result of an incorrect application of the sentencing guidelines, or was outside the range…
• United States v. Mitchell, 964 F.2d 454 (5th Cir. 1992)
  …sentence will be upheld so long as it results from a correct application of the Guidelines to factual findings that are not clearly erroneous. Rivera, 898 F. 2d at 445; United States v. Buenrostro, 868 F. 2d 135, 136-37 (5th Cir.1989), cert. denied, 495 U.S. 923, 110 S.Ct. 1957, 109 L.Ed.2d 319 (1990). The district court clearly was not limited to considering the two ounces Mitchell sought to purchase or the “amount greater than 500 grams” charged in the superseding information. On the other hand, the cour…