Legal Opinion
United States v. Garcia-Mendez
Court of Appeals for the Fifth Circuit
Decided August 8, 2005No. 04-41152PublishedCited by 91 opinions
1Opinion of the Court
W.EUGENE DAVIS, Circuit Judge:
In this appeal, we consider whether the district court correctly enhanced appellant’s sentence based on its conclusion that defendant’s prior Texas conviction for second degree burglary of a habitation qualified as a crime of violence under U.S.S.G. § 2L1.1. We conclude that this conviction is equivalent to burglary of a dwelling, an enumerated offense under that guideline, and agree with the district court that the enhancement was proper.
I
Garcia-Mendez was charged in a single-count indictment with illegal presence in the United States after deportation, in…
2Cases cited7 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- United States v. DabeitCourt of Appeals for the Fifth Circuit · 2000
- United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004
- United States v. Jose Prisciliano Gracia-CantuCourt of Appeals for the Fifth Circuit · 2002
2 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- United States v. Murillo-LopezCourt of Appeals for the Fifth Circuit · 2006
- United States v. Francisco Morales-MotaCourt of Appeals for the Fifth Circuit · 2013
- United States v. Valdez-MaltosCourt of Appeals for the Fifth Circuit · 2006
- United States v. Ortega-GonzagaCourt of Appeals for the Fifth Circuit · 2007
- United States v. Gomez-GuerraCourt of Appeals for the Fifth Circuit · 2007
86 more not listed; retrieve them via the Exa API.