Legal Opinion
United States v. Pedro Calderon-Pena
Court of Appeals for the Fifth Circuit
Decided August 24, 2004No. 02-20331PublishedCited by 131 opinions
1Per curiam
This case involves the application of the sixteen-level “crime of violence” sentence enhancement under § 2L1.2 of the Sentencing Guidelines. Defendant Pedro Calderon-Pena’s seventy-month sentence for illegally reentering the United States in violation of 8 U.S.C. § 1326 included a sixteen-level enhancement based on a prior conviction of the Texas crime of child endangerment. In accordance with our recent decision in United States v. Vargas-Duran, 356 F.3d 598 (5th Cir.2004) (en banc), we hold that Defendant’s child-endangerment conviction does not “ha[ve] as an element the use, attempted use,…
2Cases cited21 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Moises Chapa-Garza, Also Known as Moises Garza, Also Known as Moises Garza Chapa, Also Known as Moises G Chapa, Also Known as Moises Chapa, United States of America v. Julian Ricardo Goytia-Campos, Also Known as Julian Ricardo Goitia-Campos, United States of America v. Alfonso Guadalupe Perez-Velazquez, Also Known as Erick Lee, United States of America v. Francisco Javier Saldana-Roldan, United States of America v. Epifanio Ivarbo-Martell, Also Known as El ChinoCourt of Appeals for the Fifth Circuit · 2001
- United States v. William Maurice SmithCourt of Appeals for the Eighth Circuit · 1999
- United States v. Arthur L. Doe, A/K/A "Butchy"Court of Appeals for the First Circuit · 1992
- Thomas Anthony Dalton v. John Ashcroft, Attorney General of the United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2001
16 more not listed; retrieve them via the Exa API.
3Cited by131 opinions
- United States v. Rene Jaimes-JaimesCourt of Appeals for the Seventh Circuit · 2005
- United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
- United States v. Juan Raul Izaguirre-FloresCourt of Appeals for the Fifth Circuit · 2005
- United States v. Pedro Santiesteban-HernandezCourt of Appeals for the Fifth Circuit · 2006
- United States v. Garcia-MendezCourt of Appeals for the Fifth Circuit · 2005
126 more not listed; retrieve them via the Exa API.