Legal Opinion

United States v. David Benitez-Perez

Court of Appeals for the Ninth Circuit

Decided May 20, 2004No. 03-10419PublishedCited by 28 opinions

1Opinion of the Court

THOMAS, Circuit Judge.

David Benitez-Perez appeals the district court’s enhancement of his offense level by 16 levels pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(i) based on his prior conviction for violating Nevada Revised Statute § 453.337. We review the district court’s decision that a prior conviction is a qualifying offense de novo, United States v. Hernandez-Valdovinos, 352 F.3d 1243, 1246 (9th Cir.2003), and we affirm.

I

In the summer of 2002, local authorities in Reno, Nevada were dispatched to a motel on a domestic battery complaint. When officers arrived, Benitez-Perez, a citizen of Mexico,…

2Cases cited17 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002
  4. United States v. Javier Rivera-Sanchez, A/K/A Jose SanchezCourt of Appeals for the Ninth Circuit · 2001
  5. United States v. Gilberto Pimentel-FloresCourt of Appeals for the Ninth Circuit · 2003

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

3Cited by28 opinions

  1. United States v. StatenCourt of Appeals for the Ninth Circuit · 2006
  2. United States v. Gomez-LeonCourt of Appeals for the Ninth Circuit · 2008
  3. United States v. Julio Almazan-BecerraCourt of Appeals for the Ninth Circuit · 2007
  4. United States v. Carrasco-MateoCourt of Appeals for the First Circuit · 2004
  5. United States v. Urbano Castillo-MarinCourt of Appeals for the Ninth Circuit · 2012

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

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