United States v. Juan Carlos Huerta-Moran, Also Known as Francisco Lozano
Court of Appeals for the Second Circuit
1Opinion of the Court
CALABRESI, Circuit Judge.
This appeal appears to present us with the question of whether, for purposes of United States Sentencing Guidelines § 2L1.2(b), the “sentence imposed” for a prior drug trafficking conviction includes time served after, as well as before, revocation of probation. Under that Guideline provision, an earlier sentence of 13 months or less gives rise to a 12-level enhancement; one greater than 13 months instead requires a 16-level enhancement. See § 2L1.2(b)(l)(A) & (B). Because we find that a post-revocation prison sentence that is, by itself, longer than 13 months…
2Cases cited12 opinions
- United States v. Rafael Pimentel, Amabledeyes Dejesus, Julio Dejesus, Juan Dejesus, Amabledeyes Dejesus, Julio Dejesus, Juan DejesusCourt of Appeals for the Second Circuit · 1991
- United States v. Nelson Guerrero, Cesar Rivera and Anthony MedinaCourt of Appeals for the Second Circuit · 1988
- United States v. Ruiz-GeaCourt of Appeals for the Tenth Circuit · 2003
- United States v. Neville Carl Simpson, A/K/A "Evon Dixon"Court of Appeals for the Second Circuit · 2003
- United States v. Carlos Moreno-CisnerosCourt of Appeals for the Ninth Circuit · 2003
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3Cited by5 opinions
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- United States v. Jose Armando Leiva-DerasCourt of Appeals for the Second Circuit · 2004
- United States v. Jorge Compres-PaulinoCourt of Appeals for the Second Circuit · 2004
- United States v. Cesar Medina-TorresCourt of Appeals for the Fifth Circuit · 2012
- United States v. Jordan Allen DecoteauCourt of Appeals for the Eighth Circuit · 2014