Legal Opinion
United States v. Rosales-Garcia
Court of Appeals for the Tenth Circuit
Decided February 7, 2012No. 10-4224PublishedCited by 12 opinions
1Opinion of the Court
HOLLOWAY, Circuit Judge.
Defendant-Appellant Raul Rosales-Garda (Rosales) pled guilty to one count of illegal reentry in violation of 8 U.S.C. § 1326 and was sentenced to a term of imprisonment of 37 months. On appeal Mr. Rosales challenges his sentence, alleging that the district court incorrectly applied the Sentencing Guidelines. We agree. We REMAND to the district court for resentencing.
I
USSG § 2L1.2 is the Sentencing Guidelines provision applicable to defendants who illegally reenter the country in violation of 8 U.S.C. § 1326. The sentencing scheme embodied in § 2L1.2 imposes, via…
2Cases cited18 opinions
- Braxton v. United StatesSupreme Court of the United States · 1991
- United States v. Ruiz-GeaCourt of Appeals for the Tenth Circuit · 2003
- United States v. Vicente Roberto JimenezCourt of Appeals for the Ninth Circuit · 2001
- United States v. Labastida-SeguraCourt of Appeals for the Tenth Circuit · 2005
- United States v. FordCourt of Appeals for the Tenth Circuit · 2010
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. LenteCourt of Appeals for the Tenth Circuit · 2014
- United States v. ThomasCourt of Appeals for the Tenth Circuit · 2019
- United States v. Virginio MartinezCourt of Appeals for the Ninth Circuit · 2017
- United States v. Martin Franco-GalvanCourt of Appeals for the Fifth Circuit · 2017
- United States v. Moises CatalanCourt of Appeals for the Ninth Circuit · 2012
7 more not listed; retrieve them via the Exa API.