Legal Opinion

United States v. Jose Vargas-Soto

Court of Appeals for the Fifth Circuit

Decided October 24, 2012No. 11-10835PublishedCited by 20 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

Jose Vargas-Soto challenges his sentence on appeal, which was calculated using an enhancement applicable to aggravated felonies. Vargas-Soto also appeals the district court’s upward departure from the Guidelines sentence for the crime of illegal reentry. We AFFIRM.

FACTUAL AND PROCEDURAL BACKGROUND

On April 20, 2011, Vargas-Soto pled guilty to one count of illegal reentry after deportation in violation of 8 U.S.C. § 1326. Vargas-Soto’s Pre-sentence Investigative Report (“PSR”) calculated a final offense level of 21: a base level of 8 under U.S.S.G. § 2L1.2(a)…

2Cases cited12 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Puckett v. United StatesSupreme Court of the United States · 2009
  3. United States v. Moises Chapa-Garza, Also Known as Moises Garza, Also Known as Moises Garza Chapa, Also Known as Moises G Chapa, Also Known as Moises Chapa, United States of America v. Julian Ricardo Goytia-Campos, Also Known as Julian Ricardo Goitia-Campos, United States of America v. Alfonso Guadalupe Perez-Velazquez, Also Known as Erick Lee, United States of America v. Francisco Javier Saldana-Roldan, United States of America v. Epifanio Ivarbo-Martell, Also Known as El ChinoCourt of Appeals for the Fifth Circuit · 2001
  4. United States v. Ricardo M. InfanteCourt of Appeals for the Fifth Circuit · 2005
  5. United States v. TrejoCourt of Appeals for the Fifth Circuit · 2010

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3Cited by20 opinions

  1. United States v. Rodney LavalaisCourt of Appeals for the Fifth Circuit · 2020
  2. United States v. Steve ZunigaCourt of Appeals for the Fifth Circuit · 2017
  3. United States v. Vargas-SotoCourt of Appeals for the Fifth Circuit · 2022
  4. United States v. CabelloCourt of Appeals for the Fifth Circuit · 2022
  5. United States v. Cesar Medina-TorresCourt of Appeals for the Fifth Circuit · 2012

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