Legal Opinion

United States v. Vargas-Duran

Court of Appeals for the Fifth Circuit

Decided February 5, 2003No. 02-20116PublishedCited by 74 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge:

This appeal contemplates the application of a sentence enhancement to a defendant’s sentence for being unlawfully present in the United States in violation of 8 U.S.C. § 1326 (2000). The Pre-Sentenc-ing Report (“PSR”) recommended that a sixteen-level enhancement be added to a base offense level of eight because Enrique Vargas-Duran (“Vargas-Duran”) previously had been convicted of intoxication assault under Texas law. Vargas-Duran objected to the enhancement, arguing it was improper because intoxication assault was not a crime of violence under § 2L1.2 of…

2Cases cited18 opinions

  1. United States v. Moises Chapa-Garza, Also Known as Moises Garza, Also Known as Moises Garza Chapa, Also Known as Moises G Chapa, Also Known as Moises Chapa, United States of America v. Julian Ricardo Goytia-Campos, Also Known as Julian Ricardo Goitia-Campos, United States of America v. Alfonso Guadalupe Perez-Velazquez, Also Known as Erick Lee, United States of America v. Francisco Javier Saldana-Roldan, United States of America v. Epifanio Ivarbo-Martell, Also Known as El ChinoCourt of Appeals for the Fifth Circuit · 2001
  2. United States v. Steven L. ParsonCourt of Appeals for the Third Circuit · 1992
  3. United States v. Florita Bell Griffin, Terrence Bernard Roberts, Joe Lee WalkerCourt of Appeals for the Fifth Circuit · 2003
  4. Jaroslaw Chrzanoski 1 v. John Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Second Circuit · 2003
  5. United States v. Jose Prisciliano Gracia-CantuCourt of Appeals for the Fifth Circuit · 2002

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3Cited by74 opinions

  1. United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004
  2. United States v. Juan Raul Izaguirre-FloresCourt of Appeals for the Fifth Circuit · 2005
  3. United States v. BonillaCourt of Appeals for the Fifth Circuit · 2008
  4. United States v. OteroCourt of Appeals for the Third Circuit · 2007
  5. United States v. Gutierrez-RamirezCourt of Appeals for the Fifth Circuit · 2005

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

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