Legal Opinion

United States v. Selvin Rodriguez-Lopez

Court of Appeals for the Fifth Circuit

Decided July 12, 2012No. 11-50864UnpublishedCited by 2 opinions

1Opinion of the Court

PER CURIAM: *

Selvin Rodriguez-Lopez appeals his 82-month sentence for illegal reentry following deportation. The presentence report calculated the advisory sentencing guideline range based on the treatment of Rodriguez-Lopez’s 2006 Florida conviction for burglary of a dwelling, under Fla. Stat. Ann. § 810.02, as a crime of violence (“COV”) for purposes of U.S.S.G. § 2L1.2(b)(l)(A)(ii)’s 16-level enhancement. The enhancement yielded a range of 77-96 months. Rodriguez-Lopez objected to the determination that his burglary offense was a COV.

The district court overruled the objection and imposed a…

2Cases cited9 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. United States v. MaresCourt of Appeals for the Fifth Circuit · 2005
  3. United States v. JonesCourt of Appeals for the Fifth Circuit · 2006
  4. United States v. SmithCourt of Appeals for the Fifth Circuit · 2005
  5. United States v. Zuniga-PeraltaCourt of Appeals for the Fifth Circuit · 2006

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3Cited by2 opinions

  1. United States v. RamirezCourt of Appeals for the First Circuit · 2013
  2. United States v. RamírezCourt of Appeals for the First Circuit · 2013

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