Legal Opinion

United States v. Garcia-Hernandez

Court of Appeals for the Ninth Circuit

Decided June 25, 2009No. 08-50190PublishedCited by 24 opinions

1Opinion of the Court

IKUTA, Circuit Judge:

Oscar Javier Garcia-Hernandez appeals his conviction for illegal reentry under 8 U.S.C. § 1326, which provides an enhanced maximum sentence for an alien who was removed from the United States after being convicted of a felony. Garcia argues that the indictment was legally insufficient to support his enhanced sentence and that the district court should have suppressed his post-arrest confession of alienage. We disagree, and we affirm his conviction.

I

On April 29, 2003, Garcia pleaded guilty to making false statements to federal officers in violation of 18 U.S.C. § 1001, a…

2Cases cited13 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. McNabb v. United StatesSupreme Court of the United States · 1943
  3. Mallory v. United StatesSupreme Court of the United States · 1957
  4. Corley v. United StatesSupreme Court of the United States · 2009
  5. United States v. Alvarez-SanchezSupreme Court of the United States · 1994

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

3Cited by24 opinions

  1. United States v. RedlightningCourt of Appeals for the Ninth Circuit · 2010
  2. United States v. NavarroCourt of Appeals for the Ninth Circuit · 2010
  3. United States v. JacquesCourt of Appeals for the First Circuit · 2014
  4. United States v. LieraCourt of Appeals for the Ninth Circuit · 2009
  5. United States v. Carmen Boche-PerezCourt of Appeals for the Fifth Circuit · 2014

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

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