Legal Opinion

United States v. Carales-Villalta

Court of Appeals for the Fifth Circuit

Decided August 26, 2010No. 09-40468PublishedCited by 16 opinions

1Opinion of the Court

STARRETT, District Judge:

Nelson Arceny Carales-Villalta (Canales) appeals the 37-month sentence imposed on remand for resentencing following his initial appeal from his guilty plea conviction and original sentence for illegal reentry, in violation of 8 U.S.C. § 1326. Specifically, he challenges the eight-level aggravated felony enhancement assessed by the district court under U.S.S.G. § 2L1.2(b)(1)(C) based on his 1999 Texas conviction for delivery of cocaine, 2 on the grounds that it violates the law-of-the-case doctrine and the mandate rule. Carales urges that the district court was limited…

2Cases cited12 opinions

  1. Tollett v. The City of KemahCourt of Appeals for the Fifth Circuit · 2002
  2. United States v. MatthewsCourt of Appeals for the Fifth Circuit · 2002
  3. United States v. BetancourtCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. LindellCourt of Appeals for the Fifth Circuit · 1989
  5. United States v. LeeCourt of Appeals for the Fifth Circuit · 2004

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3Cited by16 opinions

  1. United States v. Walter TeelCourt of Appeals for the Fifth Circuit · 2012
  2. United States v. Vincent BazemoreCourt of Appeals for the Fifth Circuit · 2016
  3. United States v. Mark ClarkCourt of Appeals for the Fifth Circuit · 2016
  4. Ball v. LeBlancCourt of Appeals for the Fifth Circuit · 2018
  5. League of United Latin American Citizens, District 19 v. City of BoerneCourt of Appeals for the Fifth Circuit · 2012

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

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