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United States v. Salvador Magluta

UNITED STATES of America, Plaintiff-Appellee, v. Salvador MAGLUTA, Defendant-Appellant

United States v. Magluta, 203 F.3d 1304 (11th Cir. 2000)
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Court
Court of Appeals for the Eleventh Circuit · U.S. Courts of Appeals
Decided
February 17, 2000
Docket
Nos. 98-4023, 98-4024
Judges
Birch, Carnes, Mills
Citations
203 F.3d 13042000 WL 1921032000 U.S. App. LEXIS 2283

Opinion — Mills

ON PETITION FOR REHEARING Before BIRCH and CARNES, Circuit Judges, and MILLS * , Senior District Judge.

RICHARD MILLS, Senior District Judge:

Magluta was convicted and sentenced for illegally possessing various false identification documents — - 18 U.S.C. § 1028 , § 1425, § 1542, 1546, and 42 U.S.C. § 408 — and for failure to appear in violation of 18 U.S.C. § 3146 . Magluta appealed his conviction in the false identification case, and the sentences received in both cases.

We previously affirmed the conviction in the false identification case, but remanded for re-sentencing in both cases.

See United States v. Magluta, 198 F.3d 1265 , (11th Cir.1999). Before the opinion was issued, Magluta moved to withdraw all issues relating to the sentence he received in the false identification case, rendering portions of our opinion moot. The court allowed Magluta to withdraw the issues. Based on that ground, the government now moves for rehearing in order for the Court to vacate the portions of the opinion which relate to the discussion of the withdrawn issues.

The government’s petition is granted. The Court vacates section IV. B (pages 1033 -1040 of the- slip opinion) of its previous opinion in this case.

Magluta also petitions for rehearing and/or clarification with regard to this Court’s review of the district court’s application of U.S.S.G. § 2J1.6. He requests that the Court review the district court’s application under the de novo review and not the more exacting “plain error” beview. Alternatively, -he requests a clarification that he be allowed to argue on remand the subsequent amendment to the Sentencing Guidelines, Amendment 579, that clarifies the application of § 2J1.6.

To the extent Magluta seeks a de novo review of the district court’s application of § 2J1.6, the petition is denied. However, since the applicable sentencing guideline has been amended to clarify the issue after the district court imposed sentence, the district court is directed to follow the amended application note. To that extent, Magluta’s petition for clarification is granted. 1 The case is REMANDED to the district court for further proceedings consistent with this opinion.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 20 cases

View all citing references →
2000: 22002: 12003: 12005: 12007: 12008: 22014: 42015: 32020: 22024: 22025: 120002026peak 2014 · 4

Relies on it most ⓘ

  1. United States of America, and v. Cheryl Marie Gigley, and213 F.3d 503 (10th Cir. 2000)
  2. United States v. Henry Affit Lejarde-Rada319 F.3d 1288 (11th Cir. 2003)
  3. United States v. Willie Green, Jr.305 F.3d 422 (6th Cir. 2002)
  4. United States v. Robert B. Ellis, Jr.419 F.3d 1189 (11th Cir. 2005)
  5. Townes v. State253 So. 3d 447 (Ala. Crim. App. 2015)
  6. United States v. Svete521 F.3d 1302 (11th Cir. 2008)

Most recent

  1. United States v. Rolando Antuain WilliamsonNo. 22-12843 (11th Cir. Feb. 13, 2025)
  2. Thomas Robert Lane v. State of Alabama (Appeal from Mobile Circuit Court: CC-05-1499.60)No. CR-2022-0720 (Ala. Crim. App. Dec. 20, 2024)
  3. Christopher Matthew Henderson v. State of Alabama. (Appeal from Madison Circuit Court: CC-17-3064).No. CR-210044 (Ala. Crim. App. May 3, 2024)
  4. Teresa Pope Hooks v. Christopher BrewerNo. 18-10628 (11th Cir. June 19, 2020)
  5. United States v. Nelson NegrinNo. 18-14527 (11th Cir. June 12, 2020)
  6. Townes v. State253 So. 3d 447 (Ala. Crim. App. 2015)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United States v. Magluta, 198 F.3d 1265 (11th Cir. 1999) 25

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