Legal Opinion

United States v. Garcia-Avalino

Court of Appeals for the Fifth Circuit

Decided March 28, 2006No. 05-40252PublishedCited by 27 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Juan Garcia-Avalino (“Garcia-Avalino”) appeals the revocation of his supervised release. He argues that the district court lacked jurisdiction to consider the violation of his supervised release because the warrant on which he was arrested was not supported by oath or affirmation.

Garcia-Avalino pleaded guilty to illegally reentering the United States after deportation in violation of 8 U.S.C. § 1326. The district court sentenced him to twenty-one months’ incarceration and three years’ supervised release. He was deported to Mexico the day he was released from…

2Cases cited10 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Pennsylvania Bd. of Probation and Parole v. ScottSupreme Court of the United States · 1998
  3. United States v. Thomas Cameron KincadeCourt of Appeals for the Ninth Circuit · 2004
  4. Hyser v. ReedCourt of Appeals for the D.C. Circuit · 1963
  5. United States v. Dante Vargas-AmayaCourt of Appeals for the Ninth Circuit · 2004

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3Cited by27 opinions

  1. United States v. MaddenCourt of Appeals for the Sixth Circuit · 2008
  2. Sherman v. United States Parole CommissionCourt of Appeals for the Ninth Circuit · 2007
  3. United States v. Molina-GazcaCourt of Appeals for the Fifth Circuit · 2009
  4. United States v. Terry Lee PresleyCourt of Appeals for the Eleventh Circuit · 2007
  5. United States v. Aqudre QuailesCourt of Appeals for the Third Circuit · 2025

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

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