Legal Opinion
United States of America,plaintiff-Appellee v. Reynaldo Lopez-Pastrana,defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided March 28, 2001No. 00-10146PublishedCited by 24 opinions
1Opinion of the Court
SNEED, Circuit Judge:
Reynaldo Lopez-Pastrana appeals his sentence of eighty months imprisonment entered pursuant to a guilty plea to a single count of violating 8 U.S.C. § 1326 (Illegal Reentry). Lopez-Pastrana contends that the district court misapplied the Sentencing Guidelines and arrived at an improper criminal history score. We vacate the sentence and remand for re-sentencing on the grounds that Lopez-Pastra-na’s prior conviction for shoplifting should not have been counted in determining his criminal history category.
I
In 1993, Defendant was convicted of violating Reno Municipal Code §…
2Cases cited16 opinions
- United States v. Eric N. UngerCourt of Appeals for the First Circuit · 1990
- United States v. Richard F. HarrisCourt of Appeals for the Fourth Circuit · 1997
- United States v. HoelscherCourt of Appeals for the Eighth Circuit · 1990
- United States v. Bennie Ray HardemanCourt of Appeals for the Fifth Circuit · 1991
- United States v. Felix Antonio Martinez-SantosCourt of Appeals for the Second Circuit · 1999
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. OsborneCourt of Appeals for the Fourth Circuit · 2008
- United States v. Hernandez-HernandezCourt of Appeals for the Ninth Circuit · 2005
- United States v. Barbara A. HarrisCourt of Appeals for the Seventh Circuit · 2003
- United States v. McKenzieCourt of Appeals for the First Circuit · 2008
- United States v. Misael Hernandez-HernandezCourt of Appeals for the Ninth Circuit · 2004
19 more not listed; retrieve them via the Exa API.