Legal Opinion
United States v. Hernandez-Hernandez
Court of Appeals for the Ninth Circuit
Decided December 15, 2005No. 02-30429PublishedCited by 57 opinions
1Opinion of the Court
TALLMAN, Circuit Judge.
Misael Hernandez-Hernandez appeals his sentence following a guilty plea conviction for illegal reentry in violation of 8 U.S.C. § 1326. He challenges a 16-level enhancement for reentry after deportation pursuant to a “crime of violence,” contending that (1) the enhancement violates Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because the government did not charge him with being an aggravated felon, and (2) his prior felony convictions do not qualify as “crimes of violence” under U.S.S.G. § 2L1.2(b)(1)(A)(ii). He also challenges a…
2Cases cited30 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2005
25 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Jose Roberto Fernandez-Ruiz v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
- United States v. Juan Espinoza-CanoCourt of Appeals for the Ninth Circuit · 2006
- United States v. Alfredo Lopez-Solis, AKA Alfredo LopezCourt of Appeals for the Ninth Circuit · 2006
- United States v. Ruben Baza-Martinez, AKA Ruben Baza-Martines, Ruben Baza MartinexCourt of Appeals for the Ninth Circuit · 2006
- United States v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
52 more not listed; retrieve them via the Exa API.