Legal Opinion

United States v. Huizar

Court of Appeals for the Tenth Circuit

Decided July 27, 2012No. 11-6270PublishedCited by 6 opinions

1Opinion of the Court

GORSUCH, Circuit Judge.

When Alfredo Huizar pleaded guilty to reentering the United States illegally after an earlier deportation, the district court began the business of settling on a sentence. As these things go, the court started by trying to get a fix on the appropriate advisory guidelines range. And as part of that effort the district court held Mr. Huizar’s 1995 California conviction for residential burglary qualified as a “crime of violence,” triggering a sixteen-level enhancement. The court then proceeded to craft its own sentence relying on and incorporating that enhancement. On…

2Cases cited9 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
  4. United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
  5. United States v. James Allen StrahlCourt of Appeals for the Tenth Circuit · 1992

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3Cited by6 opinions

  1. United States v. TittiesCourt of Appeals for the Tenth Circuit · 2017
  2. United States v. TrentCourt of Appeals for the Tenth Circuit · 2018
  3. United States v. DegeareCourt of Appeals for the Tenth Circuit · 2018
  4. United States v. MaldonadoCourt of Appeals for the Tenth Circuit · 2012
  5. Benson v. Hartford Life & Accident InsuranceCourt of Appeals for the Tenth Circuit · 2013

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