Legal Opinion
United States v. Jose Luis Cupa-Guillen
Court of Appeals for the Ninth Circuit
Decided September 6, 1994No. 93-10383PublishedCited by 40 opinions
1Opinion of the Court
KELLEHER, Senior District Judge:
Jose Luis Cupa-Guillen appeals the district court’s 100-month sentence which was imposed after he was found guilty of being a deported alien found in the United States after conviction for an aggravated felony in violation of 8 U.S.C. § 1326(b)(2). Cupa-Guillen contends that § 1326(b)(2) violates the due process clause and that the sentence imposed thereunder constitutes cruel and unusual punishment in violation of the Eighth Amendment. We disagree.
FACTUAL AND PROCEDURAL BACKGROUND
Jose Luis Cupa-Guillen, a native and citizen of Mexico, entered this country…
2Cases cited18 opinions
- Solem v. HelmSupreme Court of the United States · 1983
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Morissette v. United StatesSupreme Court of the United States · 1952
- Robinson v. CaliforniaSupreme Court of the United States · 1962
- Mathews v. DiazSupreme Court of the United States · 1976
13 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Donald Beardslee v. Jeanne S. Woodford, Warden, of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2004
- United States v. Donovan Dwayne Oliver Darryl Lee McMillan Nathaniel JonesCourt of Appeals for the Ninth Circuit · 1995
- United States v. BaucumCourt of Appeals for the D.C. Circuit · 1996
- United States v. Manuel Gamez, A.K.A. Manuel Gamez-Rubio, Gustavo Gamez, Manuel Flores-Falvez, Manuel Gomez-Rubio, Manuel Flores-GalvezCourt of Appeals for the Ninth Circuit · 2002
- United States v. Martin Estrada-PlataCourt of Appeals for the Ninth Circuit · 1995
35 more not listed; retrieve them via the Exa API.