Legal Opinion

United States v. Jose Lopez

Court of Appeals for the Third Circuit

Decided June 16, 2011No. 10-1833, 10-2415, 10-2518, 10-2519PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

FISHER, Circuit Judge.

In these consolidated appeals, Jose Lopez, Pedro Esparza-Diaz, Pedro Arrelucea-Zamudio, and Silvestre Brito-Hernandez (“Appellants”) challenge the constitutionality and reasonableness of the sentences they received after pleading guilty to illegal reentry, in violation of 8 U.S.C. § 1326(a) and (b)(2). 1 Appellants claim that their Fifth Amendment rights were violated as a result of the Department of Justice’s (“DOJ”) implementation of “fast-track” early disposition programs in select judicial districts. Section 5K3.1 of the United States Sentencing…

2Cases cited34 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Gall v. United StatesSupreme Court of the United States · 2007
  4. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  5. Buckley v. ValeoSupreme Court of the United States · 1976

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3Cited by18 opinions

  1. United States v. Agustin Rivera-SantanaCourt of Appeals for the Fourth Circuit · 2012
  2. United States v. DeMUROCourt of Appeals for the Third Circuit · 2012
  3. United States v. Eric SeighmanCourt of Appeals for the Third Circuit · 2020
  4. United States v. Cosme OidacCourt of Appeals for the Third Circuit · 2012
  5. United States v. Robert GriffithsCourt of Appeals for the Third Circuit · 2012

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