U.S. v. Zavalza-Rodriguez, No. 03-2247 (10th Cir.) (379 F.3d 1182) (August 17, 2004) (Judge Carlos Lucero)
Loaded on Aug. 1, 2004
published in Punch and Jurists
August 02, 2004
Filed under:
Punch And Jurists,
Possession or Use of Firearms.
The United States District Court for the District of New Mexico found that, on the one hand, a U.S. Sentencing Guidelines Manual § 2D1.1 sentence enhancement applied because a dangerous weapon was possessed, and that, on the other hand, for purposes of a downward departure under U.S. Sentencing Guidelines …
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More from this issue:
- U.S. v. Kennedy, No. 02-4917 (4th Cir.) (372 F.3d 686) (June 24, 2004) (Judge J. Harvie III Wilkinson)
- U.S. v. Massino, No. CR-02-307 (NGG) (E.D.N.Y.) (319 F.Supp.2d 295) (June 1, 2004) (Judge Nicholas G. Garaufis)
- U.S. v. Zavalza-Rodriguez, No. 03-2247 (10th Cir.) (379 F.3d 1182) (August 17, 2004) (Judge Carlos Lucero)
- U.S. v. Taveras, No. 03-2140 (1st Cir.) (380 F.3d 532) (August 17, 2004) (Judge Kermit A. Lipez)
- U.S. v. Salinas, No. 03-2376 (1st Cir.) (373 F.3d 161) (June 28, 2004) (Judge Bruce M. Selya)
- U.S. v. Wilmore, No. 03-10297 (9th Cir.) (381 F.3d 868) (August 25, 2004) (Judge Donald P. Lay)
- U.S. v. Koch, No. 02-6278 (6th Cir.) (383 F.3d 436) (August 26, 2004) (Judge Jeffrey S. Sutton)
- U.S. v. Barraza, No. 94CR0074R (S.D.Cal.) (318 F.Supp.2d 1031) (May 17, 2004) (Judge John S. Sr. Rhoades)
- U.S. v. Gonzalez-Marichal, No. 03 CR 1692 JM (S.D.Cal.) (317 F.Supp.2d 1200) (March 30, 2004) (Judge Jeffrey T. Miller)
- U.S. v. Crawford, No. 01-50633 (9th Cir.) (372 F.3d 1048) (June 21, 2004) (Judge Susan P. Graber)
More from these topics:
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026. Guard Misconduct, Conspiracies, Attempts, Solicitations, False Statements/Perjury, Possession or Use of Firearms, Abuse of Position of Trust.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate, July 1, 2025. Preponderance of the Evidence Standard, Possession or Use of Firearms, Collective Knowledge Doctrine.
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
- Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions, June 15, 2023. Firearms Owners' Protection Act, Possession or Use of Firearms, Knowingly and Voluntarily Made.
- First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient, Aug. 15, 2022. Possession or Use of Firearms, Knowingly and Voluntarily Made.
- SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’, May 1, 2022. Offense Statutory Maximum, Possession or Use of Firearms.
- Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’, March 15, 2022. Solicitation to Commit a Crime of Violence, Possession or Use of Firearms, Hobbs Act.
- Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes, Sept. 15, 2021. RICO, Possession or Use of Firearms, Gang Membership.
- The Many Roads to Relief Under Borden, Aug. 15, 2021. Mandatory Minimum Sentence, Possession or Use of Firearms.