Legal Opinion

United States v. Leal-Vega

Court of Appeals for the Ninth Circuit

Decided May 30, 2012No. 11-50065PublishedCited by 54 opinions

1Opinion of the Court

OPINION

M. SMITH, Circuit Judge:

The United States of America (Government) appeals the thirty-months sentence imposed on Jose Leal-Vega for illegal reentry following deportation. The district court declined to apply a sixteen-level enhancement pursuant to United States Sentencing Guidelines, U.S.S.G. § 2L1.2, for Leal-Vega’s prior conviction under California Health & Safety Code § 11351. The Government contends that the sixteen-level enhancement should have been applied because Section 11351 is categorically a “drug trafficking offense” under U.S.S.G. § 2L1.2. Alternatively, the Government…

2Cases cited23 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Russello v. United StatesSupreme Court of the United States · 1983
  4. United States v. CantrellCourt of Appeals for the Ninth Circuit · 2006
  5. United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002

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3Cited by54 opinions

  1. United States v. Nathaniel RuthCourt of Appeals for the Seventh Circuit · 2020
  2. Dwight Bullard v. United StatesCourt of Appeals for the Sixth Circuit · 2019
  3. United States v. Elmer Gomez-AlvarezCourt of Appeals for the Fifth Circuit · 2015
  4. United States v. TownsendCourt of Appeals for the Second Circuit · 2018
  5. United States v. Timothy WardCourt of Appeals for the Fourth Circuit · 2020

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

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