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.
102266P.pdf 06/22/2011 United States v. Alberto Sanchez-Garcia
U.S. Court of Appeals Case No: 10-2266
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Benton, Author, with Smith and Gruender, Circuit Judges]
Criminal case - Sentencing. Defendant conceded his prior drug felony
conviction and it was not error to use the conviction for sentencing
purposes under Guidelines Sec. 2K2.1(a)(4(A); the California conviction
qualified as an offense involving a controlled substance because even
though the California statute under which defendant was charged is
overinclusive, the government's evidence was sufficient under the
modified categorical approach to support the enhancement; sentence was
not substantively unreasonable.