Legal Opinion
United States v. Javier Garcia-Lopez, A/K/A Noel Garcia, A/K/A Noel Pedraza Garcia
Court of Appeals for the Seventh Circuit
Decided July 12, 2004No. 03-3513PublishedCited by 11 opinions
1Opinion of the Court
KANNE, Circuit Judge.
Javier Garcia-Lopez was indicted and pled guilty to a violation of 8 U.S.C. § 1326(a) and (b) for illegal reentry into the United States following his previous deportation and removal. Based upon a 1996 armed robbery conviction, which led to Garcia-Lopez’s 1999 deportation, the pre-sentence investigation report recommended a sixteen-level sentencing increase under U.S.S.G. § 2L1.2(b)(l)(A)(ii) (2003). However, prior to the sentencing hearing, Garcia-Lopez obtained a judicial order vacating his 1996 conviction because of the state court’s failure to inform Garcia-Lopez…
2Cases cited7 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
- United States v. Arthur J. Turchen, Also Known as Arturo and R2roCourt of Appeals for the Seventh Circuit · 1999
- United States v. Luna-DiazCourt of Appeals for the First Circuit · 2000
- United States of America, Cross-Appellee v. Martin De La TorreCourt of Appeals for the Seventh Circuit · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. Arnaout, Enaam M.Court of Appeals for the Seventh Circuit · 2005
- United States v. Miguel Orduno-MirelesCourt of Appeals for the Eleventh Circuit · 2005
- United States v. Juan Moreno-TapiaCourt of Appeals for the Fourth Circuit · 2017
- United States v. Salazar-MojicaCourt of Appeals for the Ninth Circuit · 2011
- United States v. Daniel Von LohCourt of Appeals for the Seventh Circuit · 2005
6 more not listed; retrieve them via the Exa API.