Legal Opinion
United States v. Emiliano Cruz-Ventura
Court of Appeals for the Ninth Circuit
Decided September 22, 1992No. 91-50720PublishedCited by 21 opinions
1Opinion of the Court
FERNANDEZ, Circuit Judge:
Emiliano Cruz-Ventura (Cruz) appeals the sentence imposed by the district court after he pleaded guilty to one count of transporting illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(B). The district court added two points to Cruz’s offense level on account of a previous conviction related to alien smuggling. It then imposed a sentence that departed upward from the guidelines range by 12 months. We vacate and remand for resentencing.
BACKGROUND
On May 15, 1991, Cruz and an associate, Juan Bautista Zurita-Solano (Zurita), attempted to smuggle four illegal aliens past…
2Cases cited18 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Williams v. United StatesSupreme Court of the United States · 1992
- United States v. Jose Jesus Lira-BarrazaCourt of Appeals for the Ninth Circuit · 1991
- United States v. AguilarCourt of Appeals for the Ninth Circuit · 1989
- United States v. Luis Montenegro-RojoCourt of Appeals for the Ninth Circuit · 1990
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Jerry F. ArnoldCourt of Appeals for the Sixth Circuit · 1995
- United States of America, Cross-Appellee v. Armando ReyesCourt of Appeals for the Ninth Circuit · 1993
- United States v. James Eugene SmallwoodCourt of Appeals for the Ninth Circuit · 1994
- United States v. Donald Bruce McAninchCourt of Appeals for the Ninth Circuit · 1993
- United States v. D.M.Court of Appeals for the Ninth Circuit · 2017
16 more not listed; retrieve them via the Exa API.