Legal Opinion

United States v. Garcia-Damian

Court of Appeals for the Tenth Circuit

Decided July 28, 2017No. 16-2250UnpublishedCited by 1 opinion

1Opinion of the Court

ORDER AND JUDGMENT *

Carlos F. Lucero Circuit Judge

Andres Garcia-Damian appeals his 46-month sentence for illegal reentry. Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we affirm.

I

Garcia-Damian is a Mexican citizen. On March 25, 2015, he pled guilty to one count of illegal reentry after removal in violation of 8 U.S.C. § 1326. Prior to his removal, Garcia-Damian lived in Texas for approximately eleven years. In August 2012, he pled guilty to a domestic violence assault charge involving his wife, for which he received a 45-day sentence. And in November 2013, he pled…

2Cases cited14 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. United States v. SmartCourt of Appeals for the Tenth Circuit · 2008
  4. United States v. McCombCourt of Appeals for the Tenth Circuit · 2007
  5. United States v. ConlanCourt of Appeals for the Tenth Circuit · 2007

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3Cited by1 opinion

  1. United States v. AaronCourt of Appeals for the Tenth Circuit · 2019

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