Legal Opinion

United States v. Ernesto Fuentes

Court of Appeals for the Fifth Circuit

Decided December 19, 2014No. 13-20654PublishedCited by 29 opinions

1Per curiam

Defendanb-Appellant Ernesto Fuentes appeals the twenty-four month sentence imposed following his guilty plea conviction for being found unlawfully present in the United States after deportation, in violation of 8 U.S.C. § 1326(a). He argues that the district court’s decision to upwardly depart pursuant to U.S.S.G. § 2L1.2, cmt. n. 7, was procedural error and substantively unreasonable. For the following reasons, we AFFIRM the judgment of the district court.

I. BACKGROUND

On August 9, 2013, Defendant-Appellant Ernesto Fuentes pleaded guilty in the United States District Court for the Southern…

2Cases cited18 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. United States v. SmithCourt of Appeals for the Fifth Circuit · 2006
  3. United States v. Lopez-VelasquezCourt of Appeals for the Fifth Circuit · 2008
  4. United States v. Nicholas HarrisCourt of Appeals for the Fifth Circuit · 2012
  5. United States v. RodriguezCourt of Appeals for the Fifth Circuit · 2010

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3Cited by29 opinions

  1. United States v. Daniel StanfordCourt of Appeals for the Fifth Circuit · 2016
  2. United States v. Ismael RicoCourt of Appeals for the Fifth Circuit · 2017
  3. United States v. Christopher LandreneauCourt of Appeals for the Fifth Circuit · 2020
  4. United States v. Cory FieldsCourt of Appeals for the Fifth Circuit · 2019
  5. United States v. Mohamed MotonCourt of Appeals for the Fifth Circuit · 2020

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

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