Legal Opinion

United States v. Chavez-Hernandez

Court of Appeals for the Fifth Circuit

Decided February 14, 2012No. 19-50654PublishedCited by 77 opinions

1Opinion of the Court

EDITH H. JONES, Chief Judge:

Miguel Chavez-Hernandez pleaded guilty, pursuant to a plea agreement, to being illegally present in the United States after being deported, pursuant to 8 U.S.C. § 1326. Over Chavez-Hernandez’s perfunctory objection, the district court increased his base offense level of eight by 16 levels, pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii), on the theory that his 2009 conviction for sexual activity with a minor in violation of Florida Statute § 794.05 was a “crime of violence.” Chavez-Hernandez’s criminal history category was II. The district court granted a three-level…

2Cases cited20 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. United States v. CottonSupreme Court of the United States · 2002
  4. United States v. WhitelawCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. Robert LopezCourt of Appeals for the Fifth Circuit · 1991

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3Cited by77 opinions

  1. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  2. United States v. Pablo Dominguez-AlvaradoCourt of Appeals for the Fifth Circuit · 2012
  3. United States v. Gabriela Cordova-SotoCourt of Appeals for the Fifth Circuit · 2015
  4. Wallace v. State of MississippiCourt of Appeals for the Fifth Circuit · 2022
  5. United States v. Ricardo HinojosaCourt of Appeals for the Fifth Circuit · 2014

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

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