Legal Opinion

United States v. Leopoldo Figueroa-Alvarez

Court of Appeals for the Eighth Circuit

Decided August 4, 2015No. 14-2557PublishedCited by 2 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

Leopoldo Figueroa-Alvarez, a citizen of Mexico, pleaded guilty to illegally reentering this country following removal in violation of 8 U.S.C. § 1326(a). A violation of § 1326(a) is punishable by “not more than 2 years” imprisonment. But § 1326(b) authorizes imprisonment “not more than 10 years” if a defendant’s prior removal “was subsequent to a conviction for commission of ... a felony,” and “not more than 20 years” if removal was subsequent “to a conviction for commission of an aggravated felony.” At the plea hearing, Figueroa-Alvarez admitted a pre-removal Iowa…

2Cases cited8 opinions

  1. Muscarello v. United StatesSupreme Court of the United States · 1998
  2. Lopez v. GonzalesSupreme Court of the United States · 2006
  3. Carachuri-Rosendo v. HolderSupreme Court of the United States · 2010
  4. United States v. Savillon-MatuteCourt of Appeals for the Fourth Circuit · 2011
  5. Duke v. United StatesSupreme Court of the United States · 1937

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3Cited by2 opinions

  1. United States v. Aurelio Abrica-SanchezCourt of Appeals for the Eighth Circuit · 2015
  2. Wilson Salazar v. William P. BarrCourt of Appeals for the Eighth Circuit · 2019

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