United States v. Zuniga, No. 11-20778 (5th Cir. 2013)
Annotate this CaseDefendant pleaded guilty to firearm and robbery offenses and subsequently challenged his sentence on appeal. The court concluded, based on the record, that the district court's factual finding that defendant had a management role in the robbery under U.S.S.G. 3B1.1(c) was not clearly erroneous. The court concluded, however, that the district court's factual finding of bodily injury under U.S.S.G. 2B3.1(b)(3)(A) was clearly erroneous because it was based on unreliable facts in the presentencing report. Because this was not harmless error, the court vacated the bodily-injury enhancement and remanded for resentencing.
The court issued a subsequent related opinion or order on July 15, 2013.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.