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Legal Opinion

United States v. Delgado-Martinez

Court of Appeals for the Fifth Circuit

Decided April 6, 2009No. 08-50439PublishedCited by 216 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Juan Delgado-Martinez raises several procedural challenges to his 30-month sentence for illegal reentry. For the following reasons, we vacate and remand the case for re-sentencing.

I

Delgado-Martinez pleaded guilty to being found in the United States after removal in violation of 8 U.S.C. § 1326. A U.S. Probation Officer completed a PreSentence Report (“PSR”). With regard to Delgado-Martinez’s criminal-history score, the PSR recommended a three-point addition for a 1996 burglary conviction, a three-point addition for a 1999 forgery conviction, and a one-point…

2Cases cited16 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Williams v. United StatesSupreme Court of the United States · 1992
  3. United States v. Cisneros-GutierrezCourt of Appeals for the Fifth Circuit · 2008
  4. United States v. LivesayCourt of Appeals for the Eleventh Circuit · 2008
  5. United States v. HuskeyCourt of Appeals for the Fifth Circuit · 1998

11 more not listed; retrieve them via the Exa API.

3Cited by216 opinions

  1. United States v. ValenciaCourt of Appeals for the Fifth Circuit · 2010
  2. United States v. Nicholas HarrisCourt of Appeals for the Fifth Circuit · 2012
  3. United States v. Ibarra-LunaCourt of Appeals for the Fifth Circuit · 2010
  4. United States v. TavaresCourt of Appeals for the First Circuit · 2013
  5. United States v. NealCourt of Appeals for the Fifth Circuit · 2009

211 more not listed; retrieve them via the Exa API.

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