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Legal Opinion

United States v. Andino-Ortega

Court of Appeals for the Fifth Circuit

Decided June 8, 2010No. 09-40498PublishedCited by 23 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Appellant German Andino-Ortega appeals his 60-month sentence. For the reasons set forth herein, we VACATE Andino-Ortega’s sentence and REMAND for resentencing.

I

Andino-Ortega pleaded guilty to one count of being unlawfully present in the United States following deportation, in violation of 8 U.S.C. § 1326. Under the Guidelines applicable to this case, the presentence report (“PSR”) recommended a base offense level of eight. See U.S.S.G. § 2L1.2(a). The PSR also recommended a 16-level enhancement pursuant to § 2L1.2(b)(l)(A)(ii), after concluding that…

2Cases cited19 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Gall v. United StatesSupreme Court of the United States · 2007
  4. Puckett v. United StatesSupreme Court of the United States · 2009
  5. United States v. MaresCourt of Appeals for the Fifth Circuit · 2005

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3Cited by23 opinions

  1. United States v. Melgar-CabreraCourt of Appeals for the Tenth Circuit · 2018
  2. United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
  3. United States v. Enitan IsiweleCourt of Appeals for the Fifth Circuit · 2011
  4. United States v. O'ConnorCourt of Appeals for the Tenth Circuit · 2017
  5. United States v. Lawrence TaylorCourt of Appeals for the Fifth Circuit · 2017

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

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