Legal Opinion
United States v. Gomez-Gomez
Court of Appeals for the Fifth Circuit
Decided July 26, 2007No. 05-41461PublishedCited by 10 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
Jorge Gomez-Gomez was convicted by a jury of illegal reentry into the United States after deportation in violation of 8 U.S.C. § 1326(a) and (b). At sentencing, the district judge imposed a sixteen-level “crime of violence” enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii) based on Gomez-Gomez’s 1991 rape conviction in California. Gomez-Gomez objected to the enhancement, arguing that his conviction for rape was not a “crime of violence” as that term is used in the Sentencing Guidelines. The court overruled the objection and, after further calculations, sentenced…
2Cases cited18 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Taylor v. United StatesSupreme Court of the United States · 1990
- Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
- United States v. Juan Raul Izaguirre-FloresCourt of Appeals for the Fifth Circuit · 2005
- United States v. Pedro Santiesteban-HernandezCourt of Appeals for the Fifth Circuit · 2006
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3Cited by10 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. HerreraCourt of Appeals for the Fifth Circuit · 2011
- United States v. Romero-HernandezCourt of Appeals for the Tenth Circuit · 2007
- United States v. ChaconCourt of Appeals for the Fourth Circuit · 2008
5 more not listed; retrieve them via the Exa API.