Legal Opinion

United States v. Jorge Rodriguez-Rodriguez, United States of America v. Jorge Rodriguez-Rodriguez

Court of Appeals for the Ninth Circuit

Decided January 5, 2005No. 03-50146, 03-50147PublishedCited by 77 opinions

1Opinion of the Court

ORDER

TROTT, Circuit Judge:

The Opinion filed April 20, 2004, and appearing at 364 F.3d 1142 (9th Cir.2004) is amended as follows. Replace Section D with the following:

D. Sentencing

The sentencing judge's application of the Sentencing Guidelines, including whether a prior conviction is a “crime of violence” or an “aggravated felony” for the purposes of U.S.S.G. § 2L1.2, is reviewed de novo. United States v. Bonilla-Montenegro, 331 F.3d 1047, 1049 (9th Cir.2003).

The Guidelines provide that a sentence is enhanced by sixteen levels if an alien “previously was deported, or unlawfully remained in the…

2Cases cited21 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. People v. FryeCalifornia Supreme Court · 1998
  5. United States v. Calvin Wayne BucklandCourt of Appeals for the Ninth Circuit · 2002

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3Cited by77 opinions

  1. United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
  2. United States v. LarsonCourt of Appeals for the Ninth Circuit · 2007
  3. United States v. Murillo-LopezCourt of Appeals for the Fifth Circuit · 2006
  4. United States v. Jose Emilio Cortez-AriasCourt of Appeals for the Ninth Circuit · 2005
  5. United States v. BrobstCourt of Appeals for the Ninth Circuit · 2009

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

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