Legal Opinion
United States v. Martinez-Candejas
Court of Appeals for the Tenth Circuit
Decided October 21, 2003No. 02-4023PublishedCited by 18 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
The questions presented in this case are whether a prior conviction for conspiracy to transport and harbor illegal aliens qualifies as “an alien smuggling offense committed for profit” for purposes of a 16-level sentencing enhancement provided for in United States Sentencing Guideline § 2L1.2(b)(1)(A)(vii) (2002), and if so, whether the sentencing court was permitted to consider the underlying facts of the defendant’s prior conviction to determine that the offense was committed for profit. We conclude that the term “alien smuggling offense” includes transporting and…
2Cases cited15 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Overton v. BazzettaSupreme Court of the United States · 2003
- Adames v. PerezCourt of Appeals for the Fifth Circuit · 2003
- United States v. John Vincent MacKovichCourt of Appeals for the Tenth Circuit · 2000
- United States v. Gregory Checora, Warrenell Cuch, Bobby Redcap, and Reuben Cuch, Jr.Court of Appeals for the Tenth Circuit · 1999
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. Zuniga-SotoCourt of Appeals for the Tenth Circuit · 2008
- United States v. De La Cruz SuarezCourt of Appeals for the Eleventh Circuit · 2010
- United States v. Martinez-HernandezCourt of Appeals for the Tenth Circuit · 2005
- United States v. McCutchenCourt of Appeals for the Tenth Circuit · 2005
- United States v. Guzman-MataCourt of Appeals for the Ninth Circuit · 2009
13 more not listed; retrieve them via the Exa API.