Legal Opinion

United States v. Alejandro Burgos-Ortega

Court of Appeals for the Ninth Circuit

Decided February 5, 2015No. 13-50237PublishedCited by 19 opinions

1Opinion of the Court

OPINION

CALLAHAN, Circuit Judge:

Defendant-Appellant Alejandro BurgosOrtega pled guilty to illegal re-entry in violation of 8 U.S.C. § 1326 and received a 46-month sentence. Burgos-Ortega challenges his sentence on appeal, arguing that 1) the district court erred when it applied a 12-level increase to his offense level based on a Washington State drug conviction; 2) the district court erred by basing its sentence on facts not in the record; and 3) his above-Sentencing Guidelines sentence was substantively unreasonable. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291, and…

2Cases cited20 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  5. Moncrieffe v. HolderSupreme Court of the United States · 2013

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3Cited by19 opinions

  1. United States v. Jose Valdivia-FloresCourt of Appeals for the Ninth Circuit · 2017
  2. Elisio Atenia Lorenzo v. Jefferson Sessions, IIICourt of Appeals for the Ninth Circuit · 2018
  3. United States v. Jeffery HavisCourt of Appeals for the Sixth Circuit · 2018
  4. United States v. Martin Vega-OrtizCourt of Appeals for the Ninth Circuit · 2016
  5. United States v. Urbano Torres-GilesCourt of Appeals for the Ninth Circuit · 2023

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