Legal Opinion

United States v. Ramirez

Court of Appeals for the Fifth Circuit

Decided January 28, 2009No. 07-40442PublishedCited by 47 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

Defendant Frances Javier Ramirez appeals his sentence imposed on a charge of illegal reentry of a deported alien. Our decisions in this appeal are colored by the standard of review — plain error — which applies because the defendant did not raise the issues in this appeal before the district court. Under this standard, we find no plain error and affirm.

I

Ramirez pleaded guilty without the benefit of a plea agreement to reentry of a deported alien. The presentence report (PSR) recommended a base offense level of 8 pursuant to U.S.S.G. § 2L1.2(a). The PSR further…

2Cases cited19 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. United States v. CottonSupreme Court of the United States · 2002
  5. Terry Cousin v. Trans Union CorporationCourt of Appeals for the Fifth Circuit · 2001

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

3Cited by47 opinions

  1. United States v. RodriguezCourt of Appeals for the Fifth Circuit · 2010
  2. United States v. Palomino GarciaCourt of Appeals for the Eleventh Circuit · 2010
  3. United States v. Juan Martinez-LugoCourt of Appeals for the Fifth Circuit · 2015
  4. Newman v. Plains All Amer PipelCourt of Appeals for the Fifth Circuit · 2022
  5. United States v. Pedro Martinez-RomeroCourt of Appeals for the Fifth Circuit · 2016

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

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