Legal Opinion

United States v. Juan Hernandez-Martinez

Court of Appeals for the Fifth Circuit

Decided May 14, 2007No. 06-40271PublishedCited by 58 opinions

1Opinion of the Court

EDITH H. JONES, Chief Judge:

Appellant Juan HernandezAMartinez (“Martinez”) appeals his revocation sentence, arguing inter alia that the district court improperly based his sentence on the Guideline for illegal reentry to the United States, a crime he committed but was not charged with. Under the applicable plain error standard of review, Martinez cannot establish that the district court used an improper sentencing consideration, and his sentence is AFFIRMED.

I. BACKGROUND

Hernandez’s first appearance before the district court occurred in 1999, when he pled guilty to one count of possession with…

2Cases cited14 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. United States v. Dominguez BenitezSupreme Court of the United States · 2004
  4. United States v. Christopher Devon CrudupCourt of Appeals for the Fourth Circuit · 2006
  5. United States v. Daniel Lee FlemingCourt of Appeals for the Second Circuit · 2005

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3Cited by58 opinions

  1. United States v. WhitelawCourt of Appeals for the Fifth Circuit · 2009
  2. United States v. MillerCourt of Appeals for the Fifth Circuit · 2011
  3. United States v. Desrick WarrenCourt of Appeals for the Fifth Circuit · 2013
  4. United States v. Pablo Dominguez-AlvaradoCourt of Appeals for the Fifth Circuit · 2012
  5. United States v. Chavez-HernandezCourt of Appeals for the Fifth Circuit · 2012

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

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