Legal Opinion
United States v. Rubio
Court of Appeals for the Fifth Circuit
Decided December 30, 2010No. 09-20589PublishedCited by 15 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
Appellant Jovanny Rubio Rubio (“Ru-bio”) appeals the sentence assigned to him for violating 18 U.S.C. §§ 1326(a) and (b)(1). Rubio argues that the presentence report (“PSR”) considered by the district court miscalculated his criminal history points by including two uncounseled state misdemeanor convictions for which waiver of counsel occurred too late. Rubio does not satisfy his burden of proof in showing that his waiver of counsel was constitutionally invalid. We therefore AFFIRM his sentence.
I
Rubio, a Mexican citizen, pled guilty to illegal re-entry after…
2Cases cited9 opinions
- Padilla v. KentuckySupreme Court of the United States · 2010
- Custis v. United StatesSupreme Court of the United States · 1994
- Iowa v. TovarSupreme Court of the United States · 2004
- Galloway v. StateCourt of Criminal Appeals of Texas · 1979
- Ex Parte WilsonCourt of Criminal Appeals of Texas · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. Shukri BakerCourt of Appeals for the Fifth Circuit · 2011
- United States v. Pino GonzalezCourt of Appeals for the Fifth Circuit · 2011
- State v. WolfSouth Dakota Supreme Court · 2014
- United States v. Holy Land Fdn for ReliefCourt of Appeals for the Fifth Circuit · 2011
- United States v. Holy Land Fdn for ReliefCourt of Appeals for the Fifth Circuit · 2011
10 more not listed; retrieve them via the Exa API.