Legal Opinion
United States v. Clemente S. Hernandez
Court of Appeals for the Fifth Circuit
Decided September 11, 1991No. 91-2129PublishedCited by 22 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Clemente Hernandez appeals the district court’s upward departure from the Sentencing Guidelines following his conviction for transporting undocumented aliens within the United States, in violation of 8 U.S.C. § 1324(a)(1)(B) and 18 U.S.C. § 2. He claims that it was unreasonable to make an upward departure based on the fact that he transported a “large number” of aliens when there has not been a determination of what constitutes a “large number”. Because we find that the district court’s departure was reasonable, we affirm Hernandez’ sentence.
I
The…
2Cases cited7 opinions
- United States v. Juventino Mejia-OroscoCourt of Appeals for the Fifth Circuit · 1989
- United States v. Juventino Mejia-OroscoCourt of Appeals for the Fifth Circuit · 1989
- United States v. Efrain Velasquez-MercadoCourt of Appeals for the Fifth Circuit · 1989
- United States v. Gary Ronald GoodmanCourt of Appeals for the Fifth Circuit · 1990
- United States v. Ismael Lopez-EscobarCourt of Appeals for the Fifth Circuit · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. Yolanda C. LaraCourt of Appeals for the Fifth Circuit · 1992
- United States v. Francisco Lozano ValenciaCourt of Appeals for the Fifth Circuit · 1992
- The United States of America v. Ernest SchmeltzerCourt of Appeals for the Fifth Circuit · 1992
- United States v. Henry Huang, A/K/A Kok Kheng TanCourt of Appeals for the Eleventh Circuit · 1992
- United States v. Malcolm WilsonCourt of Appeals for the Sixth Circuit · 1992
17 more not listed; retrieve them via the Exa API.