United States v. Calzada-Maravillas
Court of Appeals for the Tenth Circuit
1Opinion of the Court
BRISCOE, Circuit Judge.
Defendant Armando Calzada-Maravillas pled guilty to reentry of a deported alien after former conviction of an aggravated felony in violation of 8 U.S.C. § 1326(a) and (b)(1) and (2). At sentencing, the district court sua sponte departed upward, and sentenced Calzada-Maravillas to 58 months’ imprisonment. Calzada-Maravil-las appeals his sentence, claiming that the district court erred in departing upward without providing notice to him in violation of Rule 32(h) of the Federal Rules of Criminal Procedure and Burns v. United States, 501 U.S. 129, 111 S.Ct. 2182, 115…
2Cases cited34 opinions
- United States v. BookerSupreme Court of the United States · 2004
- United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
- Burns v. United StatesSupreme Court of the United States · 1991
- United States v. Darrin Todd HaackCourt of Appeals for the Eighth Circuit · 2005
- United States v. KristlCourt of Appeals for the Tenth Circuit · 2006
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