Legal Opinion

United States v. Guadalupe Rosales-Gonzales

Court of Appeals for the Ninth Circuit

Decided September 16, 2015No. 14-50286PublishedCited by 21 opinions

1Opinion of the Court

OPINION

D.W. NELSON, Senior Circuit Judge:

Guadalupe Rosales-Gonzales appeals his 27-month sentence following his guilty plea and conviction for being a removed immigrant found in the United States. Rosales-Gonzales contends that the district court erred in not granting him a fast-track departure, which the parties jointly requested. We hold that the fast-track departure is purely discretionary, such that a joint request does not necessitate departure under the Guidelines. Because Rosales-Gonzales’s sentence was substantively reasonable, we affirm the sentencing and judgment.

I. Background

On…

2Cases cited21 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Rita v. United StatesSupreme Court of the United States · 2007
  4. Kimbrough v. United StatesSupreme Court of the United States · 2007
  5. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008

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3Cited by21 opinions

  1. Krauss v. Catholic Health Initiatives Mountain RegionColorado Court of Appeals · 2003
  2. United States v. Alfredo LopezCourt of Appeals for the Ninth Circuit · 2016
  3. United States v. Angel Reyes-TorresCourt of Appeals for the Ninth Circuit · 2019
  4. United States v. Carlos Gutierrez-TorresCourt of Appeals for the Ninth Circuit · 2018
  5. United States v. Edgar Gutierrez-EspinozaCourt of Appeals for the Ninth Circuit · 2019

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

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