Legal Opinion

United States v. Alejandro Gomez-Mendez

Court of Appeals for the Ninth Circuit

Decided May 14, 2007No. 05-50729PublishedCited by 58 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge.

We are asked to decide whether a defendant’s prior California conviction for unlawful sexual intercourse with a minor qualifies as a “crime of violence” under the federal Sentencing Guidelines.

I

On March 1, 2005, a U.S. Border Patrol agent found Alejandro Gomez-Mendez near the San Ysidro, California, Port of Entry. Gomez-Mendez was arrested after admitting that he was a citizen and national of Mexico and present in the United States without any documents permitting him to enter the United States legally. A grand jury returned a one-count indictment charging…

2Cases cited35 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. Morissette v. United StatesSupreme Court of the United States · 1952
  5. United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005

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3Cited by58 opinions

  1. Rehaif v. United StatesSupreme Court of the United States · 2019
  2. Webb v. Smart Document Solutions, LLCCourt of Appeals for the Ninth Circuit · 2007
  3. United States v. VidalCourt of Appeals for the Ninth Circuit · 2007
  4. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  5. Sarahrose Kilpatrick v. Kilolo KijakaziCourt of Appeals for the Ninth Circuit · 2022

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