[Download] "United States v. Pena" by Fifth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Pena
- Author : Fifth Circuit U.S. Court of Appeals
- Release Date : January 07, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Pena pleaded guilty in April 1996 to one count of illegal transportation of aliens. Penas total offense level of 9 and his Category I criminal history score resulted in a guideline imprisonment range of four to ten months. The district court sentenced Pena to a five-year term of probation, with no prison time. On September 10, 1996, the Government moved to revoke Penas probation, asserting that Pena, since his sentencing, had been arrested for possession of drug paraphernalia and had twice tested positive for marijuana, cocaine and morphine use. Pena pleaded true to the charges. The district court found that the most serious of the charges was a "grade C violation" under the Sentencing Guidelines and that Penas guideline imprisonment range upon revocation of probation was three to nine months. See U.S.S.G. 1§ 7B1.1(a)(3), 7B1.4(a). The district court, however, revoked Penas probation and sentenced him to two years in prison, reasoning that "primarily what this man needs [is] to . . . clean out his body for about two years and see if he cant get the cure."