DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092988P.pdf 08/05/2010 United States v. Jose Alvarado
U.S. Court of Appeals Case No: 09-2988
and No: 09-3160
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Riley, Author, with Colloton and Benton, Circuit Judges]
Criminal case - criminal law and sentencing. District court did not err
in determining that it was not necessary to proceed with the evidentiary
portion of the hearing on defendant Alvarado's motion to withdraw his
guilty plea as the court concluded that even if it accepted all of his
allegations as true, they failed to provide grounds for withdrawing the
plea; no error in imposing an enhancement under Guidelines Sec. 3C1.1
for obstruction of justice based on Alvarado's denial of his previous
sworn statements; no error in denying Alvarado safety-valve sentencing
when he contradicted his sworn statements and thus failed to show that he
provided complete and truthful disclosure; district court correctly
calculated defendant Carillo's advisory guidelines range and his sentence
was not unreasonable.