Opinion

United States v. Beleal Garcia-Gonzalez

  • 714 F.3d 306
  • 2013 WL 1662795
Court
Court of Appeals for the Fifth Circuit
Filed
Apr 17, 2013
Status
Published
Author
Higginbotham
On the bench
Higginbotham, Smith, Elrod
Cited by
99 cases
Authority
More cited than 0.1%

concluding there was no plain error when “[b]oth parties acknowledge[d] that there is no precedent in [this] circuit, or any other circuit,” answering the question at issue

How later courts described this case

  • concluding there was no plain error when “[b]oth parties acknowledge[d] that there is no precedent in [this] circuit, or any other circuit,” answering the question at issue
  • holding that the defendant “cannot show an error that affected his substantial rights because he would have received the same Guidelines range and sentence”
  • stating that oral motion for judgment of acquittal, which falls under Rule 29(a), preserves issue of sufficiency for de novo appellate review
  • stating that, when an appellant raises an issue of first impression, this court will “conclude that any error was not plain or obvious.”

Written by the judges who cited it.

The opinion

PATRICK E. HIGGINBOTHAM, Circuit Judge,

concurring in part and dissenting in part:

I concur in this well-stated opinion except in one respect. I would vacate one of the two alien-harboring convictions for each sister. Given the rule of lenity, I think the multiplicity error was plain error. See United States v. Ogba, 526 F.3d 214, 237-38 (5th Cir.2008).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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