Legal Opinion

United States v. Herrera-Roldan

Court of Appeals for the Tenth Circuit

Decided July 13, 2005No. 04-2159PublishedCited by 30 opinions

1Opinion of the Court

McCONNELL, Circuit Judge.

In October 2003, Defendant Felipe Herrera-Roldan, a citizen of Mexico, was arrested near Truth or Consequences, New Mexico without immigration documentation allowing him to be in the United States. He pled guilty to illegally entering the United States after deportation in violation of 8 U.S.C. §§ 1326(a) and (b)(2). The only issue at sentencing (and in this appeal) was whether his prior Texas conviction for possession of more than 50 pounds, but no more than 2000 pounds, of marijuana merited a twelve-level adjustment as a “drug trafficking offense” rather than an…

2Cases cited7 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. United States v. Gerardo Reyes-CastroCourt of Appeals for the Tenth Circuit · 1993
  4. United States v. Cabrera-SosaCourt of Appeals for the Tenth Circuit · 1996
  5. United States v. Antonio Madera-MaderaCourt of Appeals for the Eleventh Circuit · 2003

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

3Cited by30 opinions

  1. United States v. AustinCourt of Appeals for the Tenth Circuit · 2005
  2. United States v. Nakey Demetruis WhiteCourt of Appeals for the Eleventh Circuit · 2016
  3. United States v. KaramCourt of Appeals for the Tenth Circuit · 2007
  4. United States v. Martinez-HernandezCourt of Appeals for the Tenth Circuit · 2005
  5. United States v. Lopez-SalasCourt of Appeals for the Fifth Circuit · 2008

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

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