Legal Opinion

United States v. Montepeque-Peralta

Court of Appeals for the Ninth Circuit

Decided November 16, 2004No. 03-50462PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM *

Jaime Enrique Montepeque-Peralta (“Montepeque”) appeals his sentence following a plea of guilty to a violation of 8 U.S.C. § 1326, being a deported alien found in the United States. He challenges the district court’s classification of his pri- or convictions as predicate convictions for purposes of enhancing his sentence sixteen levels under U.S.S.G. § 2L1.2(b)(l)(A). He also challenges the district court’s denial of a one-level downward adjustment for timely acceptance of responsibility under U.S.S.G. § 3El.l(b). We have jurisdiction under 28 U.S.C. § 1291 and we affirm in part,…

2Cases cited9 opinions

  1. United States v. Anthony LapierreCourt of Appeals for the Ninth Circuit · 1993
  2. UNITED STATES of America, Plaintiff-Appellee, v. Johnny Mateo VANCE, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1995
  3. United States v. Bobby Lee HopperCourt of Appeals for the Ninth Circuit · 1994
  4. Brady v. GebbieCourt of Appeals for the Ninth Circuit · 1988
  5. United States v. Daniel David KimpleCourt of Appeals for the Ninth Circuit · 1994

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3Cited by1 opinion

  1. United States v. Montepeque-PeraltaCourt of Appeals for the Ninth Circuit · 2006

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