Legal Opinion

United States v. Sanchez-Garcia

Court of Appeals for the Eighth Circuit

Decided June 22, 2011No. 10-2266PublishedCited by 22 opinions

1Opinion of the Court

BENTON, Circuit Judge.

On December 22, 2009, Omaha police stopped Alberto Sanchez-Garcia for driving with no license plates. As he left the vehicle, a 9mm Beretta fell from his waistband. Sanchez-Garcia, a citizen of Mexico, pled guilty to illegal reentry after deportation, and possession of a firearm by an illegal alien. See 8 U.S.C. § 1326(a); 18 U.S.C. §§ 922(g)(5), 924(a)(2).

For Count I, the presentence investigation report (PSR) set the base offense level at 8. See U.S.S.G. § 2L1.2(a). The PSR added a 16-level enhancement, because Sanchez-Garcia had been deported “after a conviction for a…

2Cases cited16 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. United States v. FeemsterCourt of Appeals for the Eighth Circuit · 2009
  5. Jose Reyes Ruiz-Vidal v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2007

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

3Cited by22 opinions

  1. United States v. Nathaniel RuthCourt of Appeals for the Seventh Circuit · 2020
  2. Dwight Bullard v. United StatesCourt of Appeals for the Sixth Circuit · 2019
  3. United States v. Leal-VegaCourt of Appeals for the Ninth Circuit · 2012
  4. United States v. TownsendCourt of Appeals for the Second Circuit · 2018
  5. United States v. Timothy WardCourt of Appeals for the Fourth Circuit · 2020

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

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