Legal Opinion

United States v. Bustillos-Pena

Court of Appeals for the Fifth Circuit

Decided July 26, 2010No. 09-20360PublishedCited by 33 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

On October 21, 2008, Arturo Bustillos-Peña (Bustillos) pleaded guilty to violating 8 U.S.C. § 1326 by being knowingly and unlawfully present in the United States on or about November 18, 2005 in Huntsville, Texas, after having been deported for an aggravated felony. At sentencing, over his objection, the district court enhanced his offense by sixteen levels on the ground that he had reentered the United States after being convicted of a felony that was a drug trafficking offense for which the sentence imposed exceeded thirteen months’ imprisonment.

Bustillos contended at…

2Cases cited17 opinions

  1. Cobb v. StateCourt of Criminal Appeals of Texas · 1993
  2. United States v. ShabaniSupreme Court of the United States · 1994
  3. Dunn v. United StatesSupreme Court of the United States · 1979
  4. Lopez v. GonzalesSupreme Court of the United States · 2006
  5. Carachuri-Rosendo v. HolderSupreme Court of the United States · 2010

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

3Cited by33 opinions

  1. United States v. Shawn SerfassCourt of Appeals for the Fifth Circuit · 2012
  2. United States v. Albert SavaniCourt of Appeals for the Third Circuit · 2013
  3. United States v. LopezCourt of Appeals for the Seventh Circuit · 2011
  4. United States v. Melvin GordonCourt of Appeals for the Fifth Circuit · 2016
  5. United States v. Virginio MartinezCourt of Appeals for the Ninth Circuit · 2017

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

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