Legal Opinion

United States v. Cereceres-Zavala

Court of Appeals for the Tenth Circuit

Decided August 28, 2007No. 05-2191PublishedCited by 30 opinions

1Opinion of the Court

EBEL, Circuit Judge.

Defendanb-Appellant Gerardo Cere-ceres-Zavala (“Cereeeres”) was convicted of illegal reentry after having been previously convicted of an aggravated felony in violation of 8 U.S.C. § 1326 and was sentenced to 57 months’ imprisonment. * He now appeals the imposition of his sentence, alleging that the district court improperly relied upon contested statements in Cere-ceres’s presentencing report (“PSR”) and failed to consider the sentencing factors of 18 U.S.C. § 3553 in denying him a downward departure. We take jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and…

2Cases cited28 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. United States v. AustinCourt of Appeals for the Tenth Circuit · 2005
  5. United States v. Karl CunninghamCourt of Appeals for the Seventh Circuit · 2005

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

3Cited by30 opinions

  1. United States v. McCombCourt of Appeals for the Tenth Circuit · 2007
  2. United States v. Alapizco-ValenzuelaCourt of Appeals for the Tenth Circuit · 2008
  3. United States v. SellsCourt of Appeals for the Tenth Circuit · 2008
  4. United States v. WestCourt of Appeals for the Tenth Circuit · 2008
  5. United States v. HamiltonCourt of Appeals for the Tenth Circuit · 2007

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

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