Legal Opinion

United States v. Gonzalez-Zotelo

Court of Appeals for the Ninth Circuit

Decided January 8, 2009No. 08-50010PublishedCited by 57 opinions

1Opinion of the Court

SILVERMAN, Circuit Judge:

The government appeals the 30-month sentence the district court imposed on Juan Gonzalez-Zotelo after his conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326. The U.S. Attorney’s Office did not offer Gonzalez-Zotelo a fast-track plea bargain because of his prior conviction for lewd and lascivious acts with a child. The district court nonetheless gave Gonzalez-Zotelo the same sentence given earlier that day to a fast-track defendant with armed robbery priors, to promote “consistency.” Because the district court erred when it…

2Cases cited23 opinions

  1. Kimbrough v. United StatesSupreme Court of the United States · 2007
  2. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  3. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  4. United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
  5. UNITED STATES of America, Plaintiff-Appellee, v. Louise Han PEREZ; Joseph Eclavea Perez; John Velasco Cruz, Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1997

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3Cited by57 opinions

  1. United States v. HendersonCourt of Appeals for the Ninth Circuit · 2011
  2. United States v. WhitneyCourt of Appeals for the Ninth Circuit · 2012
  3. United States v. StoneCourt of Appeals for the First Circuit · 2009
  4. United States v. Arrelucea-ZamudioCourt of Appeals for the Third Circuit · 2009
  5. United States v. Reyes-HernandezCourt of Appeals for the Seventh Circuit · 2010

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

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