Legal Opinion

United States v. Leonel Rodriguez-Ceballos

Court of Appeals for the Eighth Circuit

Decided May 16, 2005No. 04-3390PublishedCited by 45 opinions

1Opinion of the Court

RILEY, Circuit Judge.

Leonel Rodriguez-Ceballos (Rodriguez-Ceballos) appeals the sentence he received after pleading guilty to illegal reentry following deportation. We reverse the district court, vacate Rodriguez-Ceballos’s sentence, and remand for resentencing in light of United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

I. BACKGROUND

On December 20, 2002, Rodriguez-Ce-ballos pled guilty to illegal reentry following deportation, in violation of 8 U.S.C. § 1326. The Presentence Investigation Report (PSR) recommended an offense level of 21, which included a 16-level…

2Cases cited8 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Johnson v. United StatesSupreme Court of the United States · 1997
  5. United States v. Dominguez BenitezSupreme Court of the United States · 2004

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3Cited by45 opinions

  1. United States v. Cyril S. Plumman, Also Known as Steve PlummanCourt of Appeals for the Eighth Circuit · 2005
  2. United States v. William T. CarterCourt of Appeals for the Eighth Circuit · 2005
  3. United States v. Alfred K. Ryder, United States of America v. Mary Ann RyderCourt of Appeals for the Eighth Circuit · 2005
  4. United States v. Anthony Thomas ClaybourneCourt of Appeals for the Eighth Circuit · 2005
  5. United States v. Darcy Jay BettertonCourt of Appeals for the Eighth Circuit · 2005

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