Legal Opinion
United States v. Jose Sarmiento-Funes
Court of Appeals for the Fifth Circuit
Decided June 21, 2004No. 03-40741PublishedCited by 53 opinions
1Opinion of the Court
KING, Chief'Judge:
The defendant pleaded guilty to illegally reentering the country after having been deported. On appeal, he principally challenges the imposition of a sixteen-lével sentence enhancement under U.S.S.G. § 2-L1.2. We affirm the conviction but vacate the sentence and remand for resen-tencing.
*338I. BACKGROUND
Defendant-Appellant Jose Sarmiento-Funes, a citizen of Honduras, was indicted in January 2003 for violating 8 U.S.C. § 1326 by unlawfully reentering the United States after having been removed following an aggravated felony conviction. Sarmiento-Funes pleaded guilty. The…
2Cases cited30 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. DabeitCourt of Appeals for the Fifth Circuit · 2000
- Michael M. v. Superior Court of Sonoma CountySupreme Court of the United States · 1981
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3Cited by53 opinions
- United States v. Juan Raul Izaguirre-FloresCourt of Appeals for the Fifth Circuit · 2005
- United States v. Palomino GarciaCourt of Appeals for the Eleventh Circuit · 2010
- United States v. Dominguez-OchoaCourt of Appeals for the Fifth Circuit · 2004
- Juan Larin-Ulloa v. Alberto Gonzales, United States Attorney GeneralCourt of Appeals for the Fifth Circuit · 2006
- United States v. Candelario Silvestre Beltran-MunguiaCourt of Appeals for the Ninth Circuit · 2007
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