Legal Opinion
United States v. Luciano-Rodriguez
Court of Appeals for the Fifth Circuit
Decided March 3, 2006No. 04-41016PublishedCited by 19 opinions
1Opinion of the Court
DENNIS, Circuit Judge:
Defendant-Appellant Domingo Luciano-Rodriguez appeals his conviction and sentence for attempted illegal reentry following a prior deportation in violation of 8 U.S.C. § 1326. Luciano-Rodriguez claims that the district court erred in enhancing his base offense level based on a finding that his prior conviction for sexual assault constituted a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A). Luciano-Rodriguez also argues that the district court erred when it sentenced him under the mandatory guideline regime held unconstitutional in United States v. Booker.1 Lastly,…
2Cases cited7 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- United States v. Flora Alicia OcanaCourt of Appeals for the Fifth Circuit · 2000
- United States v. Jose Sarmiento-FunesCourt of Appeals for the Fifth Circuit · 2004
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. Palomino GarciaCourt of Appeals for the Eleventh Circuit · 2010
- United States v. Ruiz-ApolonioCourt of Appeals for the Ninth Circuit · 2011
- United States v. Gomez-GomezCourt of Appeals for the Fifth Circuit · 2008
- United States v. Alvarado-HernandezCourt of Appeals for the Fifth Circuit · 2006
- United States v. Gomez-GomezCourt of Appeals for the Fifth Circuit · 2007
14 more not listed; retrieve them via the Exa API.