Legal Opinion

United States v. Justo Hernandez-Valdovinos

Court of Appeals for the Ninth Circuit

Decided December 17, 2003No. 02-10671PublishedCited by 54 opinions

1Opinion of the Court

TASHIMA, Circuit Judge:

Justo Hernandez-Valdovinos (“Hernandez”) appeals the judgment of the district court sentencing him to 30 months’ imprisonment following his guilty plea to reentry after deportation, in violation of 8 U.S.C. § 1326(a). Hernandez contends that the district court erred in classifying his prior felony offense as an aggravated felony and in applying a 12-level sentencing enhancement when he only received probation for the prior felony. We have jurisdiction pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, and we affirm.

BACKGROUND

In June 2002, Hernandez was found in…

2Cases cited14 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  3. United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002
  4. United States v. Javier Rivera-Sanchez, A/K/A Jose SanchezCourt of Appeals for the Ninth Circuit · 2001
  5. United States v. Ronald JordanCourt of Appeals for the Ninth Circuit · 2001

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3Cited by54 opinions

  1. United States v. HahnCourt of Appeals for the Tenth Circuit · 2004
  2. United States v. Juan Espinoza-CanoCourt of Appeals for the Ninth Circuit · 2006
  3. United States v. Jose Luis Navidad-MarcosCourt of Appeals for the Ninth Circuit · 2004
  4. United States v. Gomez-LeonCourt of Appeals for the Ninth Circuit · 2008
  5. United States v. Timothy Dean SmithCourt of Appeals for the Ninth Circuit · 2004

49 more not listed; retrieve them via the Exa API.

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