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Legal Opinion

United States v. Elmer Gomez-Alvarez

Court of Appeals for the Fifth Circuit

Decided March 31, 2015No. 14-40059PublishedCited by 62 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge.

Elmer Gomez-Alvarez pled guilty to illegal reentry in violation of 8 U.S.C. § 1326. He appeals from his sentence to challenge the district court’s imposition of a 16-level sentencing enhancement based on a prior conviction for a drug trafficking offense. We affirm.

I

Gomez-Alvarez pled guilty without a written plea agreement to being unlawfully present in the United States after previously having been deported.' His pre-sen-tence report (“PSR”), which relied on the 2013 version of the Sentencing Guidelines Manual, recommended a 16-level sentencing…

2Cases cited22 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. United States v. Cisneros-GutierrezCourt of Appeals for the Fifth Circuit · 2008
  5. United States v. RodriguezCourt of Appeals for the Fifth Circuit · 2008

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

3Cited by62 opinions

  1. United States v. Nathaniel RuthCourt of Appeals for the Seventh Circuit · 2020
  2. Dwight Bullard v. United StatesCourt of Appeals for the Sixth Circuit · 2019
  3. United States v. Andre Michael DuboisCourt of Appeals for the Eleventh Circuit · 2024
  4. Harbin v. SessionsCourt of Appeals for the Second Circuit · 2017
  5. United States v. TownsendCourt of Appeals for the Second Circuit · 2018

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

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