Legal Opinion
United States v. Miguel De La Torre-Jimenez
Court of Appeals for the Ninth Circuit
Decided November 7, 2014No. 13-50438PublishedCited by 36 opinions
1Opinion of the Court
OPINION
GRABER, Circuit Judge:
Defendant Miguel de la Torre-Jimenez appeals his 18-month sentence following a guilty plea to one count of being a deported alien found in the United States after removal, in violation of 8 U.S.C. § 1326. Applying the modified categorical approach, the district court concluded that Defendant’s prior conviction for possession of cocaine for sale, in violation of California Health and Safety Code section 11351, was for a “drug trafficking offense” under U.S.S.G. § 2L1.2(b)(l)(A). Defendant objected, arguing that (1) the court could not use the modified categorical…
2Cases cited19 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Descamps v. United StatesSupreme Court of the United States · 2013
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
- Saffon v. Wells Fargo & Co. Long Term Disability PlanCourt of Appeals for the Ninth Circuit · 2008
14 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- United States v. Melvin Martinez-LopezCourt of Appeals for the Ninth Circuit · 2017
- Rea Paeste v. Government of GuamCourt of Appeals for the Ninth Circuit · 2015
- Salvador Robles Lopez v. Jefferson Sessions, IIICourt of Appeals for the Ninth Circuit · 2018
- United States v. Daladier Murillo-AlvaradoCourt of Appeals for the Ninth Circuit · 2017
- United States v. Francisco TydingcoCourt of Appeals for the Ninth Circuit · 2018
31 more not listed; retrieve them via the Exa API.