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Legal Opinion

United States v. Jesus Torres-Miguel

Court of Appeals for the Fourth Circuit

Decided December 13, 2012No. 11-4891PublishedCited by 86 opinions

1Opinion of the Court

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Jesus Torres-Miguel pled guilty to one count of illegal reentry by an aggravated felon, in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(2) (2006). When sentencing him, the district court found that his previous state conviction for a criminal threat categorically constituted a prior “crime of violence,” justifying a substantial enhancement of his sentence. The court then sentenced Torres-Miguel, with this enhancement, to fifty-one months’ imprisonment. For the reasons that follow, we must vacate the judgment of the district court and remand for…

2Cases cited14 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
  4. Thomas Anthony Dalton v. John Ashcroft, Attorney General of the United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2001
  5. Jaroslaw Chrzanoski 1 v. John Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Second Circuit · 2003

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3Cited by86 opinions

  1. United States v. Thomas Faulls, Sr.Court of Appeals for the Fourth Circuit · 2016
  2. United States v. James McNealCourt of Appeals for the Fourth Circuit · 2016
  3. United States v. Jolon Carthorne, Sr.Court of Appeals for the Fourth Circuit · 2013
  4. United States v. Thomas RoyalCourt of Appeals for the Fourth Circuit · 2013
  5. United States v. William McBride, Jr.Court of Appeals for the Sixth Circuit · 2016

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