Legal Opinion

United States v. Tereso Ortiz-Rojas

Court of Appeals for the Fifth Circuit

Decided July 21, 2014No. 13-20316UnpublishedCited by 1 opinion

1Opinion of the Court

PER CURIAM: *

Tereso Ortiz-Rojas (Ortiz), an alien, pleaded guilty to illegal reentry following deportation subsequent to an aggravated felony conviction, in violation of 8 U.S.C. § 1326(a) and (b)(2). The district court imposed a below-guidelines sentence of 48 months in prison. Ortiz argues that the district court committed reversible error when it applied a 16-level crime of violence (COV) enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii), based on his 2002 felony robbery conviction, under Texas Penal Code § 29.02.

“We review de novo whether a prior conviction qualifies as a crime of violence…

2Cases cited4 opinions

  1. Puckett v. United StatesSupreme Court of the United States · 2009
  2. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  3. United States v. Pedro Santiesteban-HernandezCourt of Appeals for the Fifth Circuit · 2006
  4. United States v. Guerrero-NavarroCourt of Appeals for the Fifth Circuit · 2013

3Cited by1 opinion

  1. United States v. AdairCourt of Appeals for the Fifth Circuit · 2021

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