Legal Opinion

United States v. Tomas Mares-Calderon

Court of Appeals for the Fifth Circuit

Decided September 7, 2011No. 08-41246Unpublished

1Opinion of the Court

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

Tomas Mares-Calderon appealed a 33-month sentence imposed following entry of his guilty plea to being found in the United States unlawfully following deportation. At sentencing, Mares-Calderon’s offense level was increased by eight levels pursuant to U.S.S.G. § 2L1.2(b)(1)(C) because, prior to his deportation in 2006, Mares-Calderon was convicted in Texas in 1996 of possession of marijuana and in 1999 of possession of a controlled substance. The district court regarded Mares-Calderon’s second conviction as an “aggravated…

2Cases cited10 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. City of Erie v. Pap's A. M.Supreme Court of the United States · 2000
  3. Carachuri-Rosendo v. HolderSupreme Court of the United States · 2010
  4. United States v. Roberto Aguirre-Villa, A/K/A Jose HernandezCourt of Appeals for the Fifth Circuit · 2006
  5. Alwan v. AshcroftCourt of Appeals for the Fifth Circuit · 2004

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