Legal Opinion

United States v. Rodriguez

Court of Appeals for the Second Circuit

Decided November 15, 2007No. 05-5778-crPublished

1Opinion of the Court

SUMMARY ORDER

Defendant Jose Rodriguez, who pleaded guilty to one count of illegal reentry after deportation following conviction for an aggravated felony, see 8 U.S.C. §§ 1326(a) & (b)(2), appeals his seventy-month prison sentence. We assume the parties’ familiarity with the facts and the record of prior proceedings, which we reference only as necessary to explain our decision.

In the aftermath of United States v. Booker, appellate review of sentences is limited to “unreasonableness,” 543 U.S. 220, 264, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); accord Rita v. United States, - U.S. -, 127 S.Ct.…

2Cases cited18 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Rita v. United StatesSupreme Court of the United States · 2007
  4. United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
  5. United States v. FernandezCourt of Appeals for the Second Circuit · 2006

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