Legal Opinion

United States v. Ventura-Perez

Court of Appeals for the Tenth Circuit

Decided January 18, 2012No. 10-1529PublishedCited by 29 opinions

1Opinion of the Court

HARTZ, Circuit Judge.

In August 2010, Defendant Byron Ventura-Perez pleaded guilty in the United States District Court for the District of Colorado to illegal reentry after deportation subsequent to an aggravated-felony conviction. See 8 U.S.C. § 1326(a), (b)(2). He raises two challenges on appeal. First, he contends that the district court miscalculated his offense level under the Sentencing Guidelines. The court increased his offense level by 16 on the ground that his Texas conviction of burglary of a habitation was for “burglary of a dwelling” and therefore a crime of violence under USSG §…

2Cases cited13 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Johnson v. United StatesSupreme Court of the United States · 2010
  4. Nijhawan v. HolderSupreme Court of the United States · 2009
  5. United States v. DazeyCourt of Appeals for the Tenth Circuit · 2005

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

3Cited by29 opinions

  1. United States v. Mirna GomezCourt of Appeals for the Fourth Circuit · 2012
  2. United States v. TrentCourt of Appeals for the Tenth Circuit · 2014
  3. Tanner v. San Juan County Sheriff's OfficeDistrict Court, D. New Mexico · 2012
  4. United States v. Nathaniel OzierCourt of Appeals for the Sixth Circuit · 2015
  5. United States v. CastilloCourt of Appeals for the Tenth Circuit · 2015

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

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