Legal Opinion
United States v. Ortega-Gonzaga
Court of Appeals for the Fifth Circuit
Decided June 25, 2007No. 06-40493PublishedCited by 34 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Defendant Humberto Ortega-Gonzalez pleaded guilty to reentering the United States following deportation. The district court imposed a 16-level increase in his sentence, concluding that Ortega’s previous California conviction for burglary, CalPenal Code § 459, was a “crime of violence” under U.S.S.G. § 2L1.2. Ortega challenges that conclusion, 1 which we review de novo. See United States v. Dominguez-Ochoa, 386 F.3d 639, 641 (5th Cir.2004).
U.S.S.G. § 2L1.2 provides for a 16-level increase if the defendant was deported following a “crime of violence.” The…
2Cases cited11 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004
- United States v. Pedro Santiesteban-HernandezCourt of Appeals for the Fifth Circuit · 2006
- UNITED STATES of America, Plaintiff-Appellee, v. Richard BONAT, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
6 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
- United States v. Gonzalez-TerrazasCourt of Appeals for the Fifth Circuit · 2008
- United States v. Francisco Morales-MotaCourt of Appeals for the Fifth Circuit · 2013
- United States v. Rivera-OrosCourt of Appeals for the Tenth Circuit · 2009
- United States v. Juan Jose Herrera-Montes, Also Known as Hilario ArceCourt of Appeals for the Fifth Circuit · 2007
29 more not listed; retrieve them via the Exa API.