Legal Opinion
United States v. Jose Luis Medina-Cervantes
Court of Appeals for the Ninth Circuit
Decided October 19, 1982No. 81-1794 XPublishedCited by 39 opinions
1Opinion of the Court
ELY, Circuit Judge:
Medina-Cervantes was convicted by a jury of entering the United States illegally in violation of 8 U.S.C. § 1325 and of reentering the United States after having been deported in violation of 8 U.S.C. § 1326. He was sentenced to the maximum statutory penalty for each violation. 1 On appeal, he contends that the sentence imposed by the District Court unconstitutionally penalized him for his assertion of his Sixth Amendment right to trial by jury. We vacate the sentence imposed and remand for resentencing. 2
Initially, we note that the sentence imposed by the District Court…
2Cases cited5 opinions
- United States v. Raymond RobinCourt of Appeals for the Second Circuit · 1977
- United States v. Steven W. ArnettCourt of Appeals for the Ninth Circuit · 1979
- United States v. James Lee StockwellCourt of Appeals for the Ninth Circuit · 1973
- United States v. Peter John Capriola and Ronald FreezeCourt of Appeals for the Ninth Circuit · 1976
- United States v. Darius Gordon ThompsonCourt of Appeals for the Ninth Circuit · 1976
3Cited by39 opinions
- State v. KellySupreme Court of Connecticut · 2001
- United States v. Roberto GonzalezCourt of Appeals for the Ninth Circuit · 1990
- United States v. Anthony Meyers, A/K/A Tony MeyersCourt of Appeals for the Ninth Circuit · 1988
- United States v. Freeman D. Carter, A/K/A Daniel Brady, James Patrick Daly, and William CarsonCourt of Appeals for the Ninth Circuit · 1986
- United States v. Vasquez-LandaverCourt of Appeals for the Ninth Circuit · 2008
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