Legal Opinion
United States v. Juan Garcia-Perez
Court of Appeals for the Fifth Circuit
Decided February 23, 2015No. 13-20482PublishedCited by 24 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Juan Garcia-Perez was convicted of being illegally in the United States after deportation following commission of an aggravated felony. The district court applied a 16-level increase to the base offense level because it determined Mr. Garcia-Perez’s prior manslaughter conviction was a “crime of violence” under Sentencing Guideline § 2L1.2(b)(l)(A). Mr. Garcia-Perez argues that manslaughter as defined by the Florida statute of conviction does not qualify as a crime of violence, and thus the increase was error. We agree, vacate, and remand for…
2Cases cited43 opinions
- State v. MontgomerySupreme Court of Florida · 2010
- United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004
- United States v. Ibarra-LunaCourt of Appeals for the Fifth Circuit · 2010
- United States v. NealCourt of Appeals for the Fifth Circuit · 2009
- United States v. BonillaCourt of Appeals for the Fifth Circuit · 2008
38 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Irma Ovalles v. United StatesCourt of Appeals for the Eleventh Circuit · 2018
- United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
- United States v. Jose Gomez-ValleCourt of Appeals for the Fifth Circuit · 2016
- United States v. Kim RicardCourt of Appeals for the Fifth Circuit · 2019
- United States v. Calvin NesmithCourt of Appeals for the Fifth Circuit · 2017
19 more not listed; retrieve them via the Exa API.