Legal Opinion

United States v. Montoya-Lopez

Court of Appeals for the Ninth Circuit

Decided December 9, 2002No. 01-10579; D.C. No. CR-00-00159-ECRPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM**

Miguel Montoya-Lopez appeals the sentence imposed following his guilty plea to illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a) and (b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

On February 11, 2000, Montoya-Lopez was convicted in Nevada state court of trafficking in a controlled substance. He was sentenced to thirty-two to eighty-four months’ imprisonment, but his sentence was suspended and he was granted probation. Montoya-Lopez was released to the Immigration and Naturalization Service, and he was deported to Mexico on March 11,…

2Cases cited17 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Witte v. United StatesSupreme Court of the United States · 1995
  4. United States v. Pacheco-ZepedaCourt of Appeals for the Ninth Circuit · 2000
  5. Pacheco-Zepeda v. United StatesSupreme Court of the United States · 2001

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3Cited by1 opinion

  1. Montoya-Lopez v. United StatesSupreme Court of the United States · 2003

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