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Legal Opinion

United States v. Yanez-Huerta

Court of Appeals for the Fifth Circuit

Decided March 23, 2000No. 99-50363PublishedCited by 32 opinions

1Per curiam

Defendant pleaded guilty to illegal reentry as a deported alien in violation of 8 U.S.C. § 1326. The district court denied defendant’s motion for a downward departure, because his five-year suspended term of imprisonment for a prior aggravated felony rendered him ineligible for a downward departure in sentencing based on the seriousness of the underlying felony. We AFFIRM.

I

In December 1996, Defendant Tomas Yanez-Huerta, a Mexican citizen, was stopped for riding a bicycle without a safety helmet in Dallas, Texas. Visibly intoxicated at the time, he was arrested and searched. The search…

2Cases cited12 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. United States v. SharpeCourt of Appeals for the Fifth Circuit · 1999
  3. United States v. Carlos I. MiroCourt of Appeals for the Fifth Circuit · 1994
  4. United States v. Banda-ZamoraCourt of Appeals for the Fifth Circuit · 1999
  5. United States v. LandermanCourt of Appeals for the Fifth Circuit · 1999

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3Cited by32 opinions

  1. United States v. CothranCourt of Appeals for the Fifth Circuit · 2002
  2. United States v. CooperCourt of Appeals for the Fifth Circuit · 2001
  3. United States of America v. Ramon Rodriguez-MontelongoCourt of Appeals for the Fifth Circuit · 2001
  4. United States v. David HinojosaCourt of Appeals for the Fifth Circuit · 2003
  5. United States v. Landeros-ArreolaCourt of Appeals for the Fifth Circuit · 2001

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

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