Legal Opinion
United States v. Manuel Hernandez-Castellanos, AKA Manuel Francisco Hernandez-Castellanos
Court of Appeals for the Ninth Circuit
Decided April 25, 2002No. 01-10301PublishedCited by 30 opinions
1Opinion of the Court
THOMAS, Circuit Judge.
Manuel Hernandez-Castellanos appeals the 46-month sentence he received after pleading guilty to illegal reentry in violation of 8 U.S.C. § 1326. He contends that the district court erred in concluding that his prior Arizona conviction for felony endangerment constitutes an aggravated felony and in refusing to depart downward. We lack jurisdiction to review the district court’s discretionary decision not to depart downward, but we agree with Hernandez^ Castellanos that felony endangerment under Arizona law is not, categorically, an aggravated felony. Accordingly, we…
2Cases cited15 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Javier Rivera-Sanchez, A/K/A Jose SanchezCourt of Appeals for the Ninth Circuit · 2001
- Sareang Ye v. Immigration and Naturalization Service and United States Attorney General Janet RenoCourt of Appeals for the Ninth Circuit · 2000
- United States v. Miguel Trinidad-AquinoCourt of Appeals for the Ninth Circuit · 2001
- United States v. Jose Fernando Garcia-GarciaCourt of Appeals for the Ninth Circuit · 1991
10 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- United States v. Jacob De La FuenteCourt of Appeals for the Ninth Circuit · 2003
- Massis v. MukaseyCourt of Appeals for the Fourth Circuit · 2008
- Damaine Antonio Jobson v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2003
- United States v. Hernandez-HernandezCourt of Appeals for the Ninth Circuit · 2005
- United States v. Francisco Bonilla-MontenegroCourt of Appeals for the Ninth Circuit · 2003
25 more not listed; retrieve them via the Exa API.