Legal Opinion
United States v. Ramon Nunez-Rodelo
Court of Appeals for the Ninth Circuit
Decided July 29, 2004No. 03-10660PublishedCited by 3 opinions
1Opinion of the Court
FERNANDEZ, Circuit Judge.
Ramon Nunez-Rodelo appeals his sentence, imposed after a guilty plea, for unlawful reentry by a deported, removed, or excluded alien, in violation of 8 U.S.C. § 1326(a). He claims that because he was “removed” he could not be sentenced pursuant to 8 U.S.C. § 1326(b)(2). 1 We affirm on that issue.
BACKGROUND
Following a felony conviction for drug trafficking, Nunez was deported from the United States on October 22, 1993, and was not thereafter given permission to reapply for admission or to reenter. 2 He was found in the State of Nevada on or about May 17, 2003.…
2Cases cited7 opinions
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Calcano-Martinez v. Immigration & Naturalization ServiceSupreme Court of the United States · 2001
- United States v. James Cabaccang, United States of America v. Richard T. Cabaccang, United States of America v. Roy Toves CabaccangCourt of Appeals for the Ninth Circuit · 2003
- United States v. Ruben Lopez-GonzalezCourt of Appeals for the Ninth Circuit · 1999
- United States v. Brian PantinCourt of Appeals for the Second Circuit · 1998
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3Cited by3 opinions
- Nunez-Rodelo v. United StatesSupreme Court of the United States · 2005
- United States v. Nunez-RodeloCourt of Appeals for the Ninth Circuit · 2004
- United States v. Ramos-RuizCourt of Appeals for the Ninth Circuit · 2004