Legal Opinion
United States v. Herrera-Garduno
Court of Appeals for the Fifth Circuit
Decided March 10, 2008No. 07-40327PublishedCited by 45 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
Rene Herrera-Garduño (Herrera) argues his non-Guidelines sentence is an unreasonable upward departure from the advisory Guidelines range. We conclude that the sentence is not unreasonable and AFFIRM.
I
Herrera pled guilty to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a) and (b). In the Presentence Report (PSR), which applied the 2006 edition of the Guidelines Manual, the probation officer scored Herrera at a base offense level of 8. He then increased the offense level by 16 points pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(i), which authorizes a…
2Cases cited11 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- United States v. SmithCourt of Appeals for the Fifth Circuit · 2006
- United States v. JonesCourt of Appeals for the Fifth Circuit · 2006
6 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- United States v. Jesus Rosales-BrunoCourt of Appeals for the Eleventh Circuit · 2015
- United States v. Herrera-ZunigaCourt of Appeals for the Sixth Circuit · 2009
- United States v. McElweeCourt of Appeals for the Fifth Circuit · 2011
- United States v. David DiehlCourt of Appeals for the Fifth Circuit · 2015
- United States v. Marcus JacobsCourt of Appeals for the Fifth Circuit · 2011
40 more not listed; retrieve them via the Exa API.