Legal Opinion

United States v. Miguel Angel Gonzalez-Tamariz

Court of Appeals for the Ninth Circuit

Decided January 13, 2003No. 00-10542PublishedCited by 21 opinions

1Opinion of the Court

WARDLAW, Circuit Judge.

Miguel Angel Gonzalez Tamariz appeals his sentence of 67 months imprisonment for unlawful reentry into the United States following deportation and an “aggravated felony” conviction, in violation of 8 U.S.C. § 1326(a). He challenges the classification of his prior Nevada conviction as an aggravated felony warranting a 16-level sentencing enhancement because Nevada state law classifies the conviction as a gross misdemeanor for which one year is the maximum sentence. Because Gonzalez’s offense of battery causing substantial bodily harm meets the federal definition of an…

2Cases cited12 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. Pacheco-ZepedaCourt of Appeals for the Ninth Circuit · 2000
  3. United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002
  4. Pacheco-Zepeda v. United StatesSupreme Court of the United States · 2001
  5. United States v. Winston C. Graham A/K/A Vincent Graham, A/K/A Michael Diamond A/K/A Tyrone L. Simmons, Winston C. GrahamCourt of Appeals for the Third Circuit · 1999

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

3Cited by21 opinions

  1. United States v. Gilberto Pimentel-FloresCourt of Appeals for the Ninth Circuit · 2003
  2. United States v. Cordoza-EstradaCourt of Appeals for the First Circuit · 2004
  3. Biskupski v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2007
  4. United States v. Daniel Alvarez-GutierrezCourt of Appeals for the Ninth Circuit · 2005
  5. Habibi v. HolderCourt of Appeals for the Ninth Circuit · 2011

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

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