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Legal Opinion

United States v. Jose Gabriel Garcia-Martinez

Court of Appeals for the Eleventh Circuit

Decided January 11, 2017No. 14-15725PublishedCited by 12 opinions

1Opinion of the Court

ED CARNES, Chief Judge:

■Jose Gabriel Garcia-Martinez pleaded guilty to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a), (b)(2) and was sentenced to 36 months imprisonment. He appeals his sentence, contending that the district court erred by applying a 16-level enhancement under United States Sentencing Guidelines § 2L1.2(b)(1)(A)(ii) (2014) for reentering the United States after having been deported for a “crime of violence.” 1 His purported “crime of violence” was a Florida conviction for second degree burglary of a dwelling.

I

In 2009 Garcia-Martinez, a Mexican citizen…

2Cases cited28 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Johnson v. United StatesSupreme Court of the United States · 2015
  4. Mathis v. United StatesSupreme Court of the United States · 2016
  5. Descamps v. United StatesSupreme Court of the United States · 2013

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

3Cited by12 opinions

  1. United States v. Eddy Wilmer Vail-BailonCourt of Appeals for the Eleventh Circuit · 2017
  2. United States v. Carlos Urbina-FuentesCourt of Appeals for the Fifth Circuit · 2018
  3. United States v. Shawn DixonCourt of Appeals for the Eleventh Circuit · 2017
  4. United States v. Paulino Morales-AlonsoCourt of Appeals for the Eleventh Circuit · 2018
  5. Emmanuel Lauture v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2022

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

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