PALACIOS-CASQUETE

v.

UNITED STATES

Citator

Cited By

• United States v. Stone, 139 F.3d 822 (11th Cir. 1998)
  …ally a sentencing factor. See United States v. McGatha, 891 F. 2d 1520, 1526-27 (11th Cir.1990), cert. denied, 495 U.S. 938, 110 S.Ct. 2188, 109 L.Ed.2d 516 (1990); United States v. Palacios-Casquete, 55 F. 3d 557, 560 (11th Cir.1995), cert. denied, 516 U.S. 1120, 116 S.Ct. 927, 133 L.Ed.2d 855 (1996). . This court has held that sentencing factors, such as those set out in § 841(b) — including the amount of the controlled substance that the defendant is charged with possessing — need not be averred in the in…
• United States v. Sanchez, 138 F.3d 1410 (11th Cir. 1998)
  …een counted toward his Career Offender status, it is not clear from the record that these offenses were part of the calculation, but if they were, such use would be valid. See United States v. Weir, 51 F. 3d 1031, 1032 (11th Cir.1995), cert. denied, 516 U.S. 1120, 116 S.Ct. 928, 133 L.Ed.2d 856 (1996). Sanchez’s argument that his sentence constitutes cruel and unusual punishment was not raised in district court and we decline to consider it here. AFFIRMED IN PART, VACATED AND REMANDED IN PART.…
• United States v. Osnel Coeur, 196 F.3d 1344 (11th Cir. 1999)
  …eing “found in” the United States on a certain date, the issue of when the offense was committed is settled, and the defendant may not later dispute that date. See United States v. Palacios-Casquete, 55 F. 3d 557, 559 (11th Cir.1995), cert. denied, 516 U.S. 1120, 116 S.Ct. 927, 133 L.Ed.2d 855 (1996). Thus, in light of his plea and our circuit law, Coeur committed the offense while he was under a criminal justice sentence and, therefore, § 4Al.l(d) is applicable. While we have not previously issued a deci…