Legal Opinion

United States v. Contreras-Hernandez

Court of Appeals for the Ninth Circuit

Decided January 3, 2011No. 09-50009PublishedCited by 9 opinions

1Opinion of the Court

OPINION

KLEINFELD, Circuit Judge:

We address several sentencing issues, the most substantial of which is whether California solicitation to commit murder 1 is a crime of violence for purposes of a Guidelines enhancement.

I. Facts

Jose Raymundo Contreras-Hernandez was convicted after jury trial of being an alien found in the United States after a previous deportation. 2 The base offense level for this crime is 8, 3 but the Sentencing Guidelines impose a sixteen-level increase, to 24, if the alien’s prior deportation followed a conviction for a felony that was a crime of violence. 4 This upward…

2Cases cited15 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  4. Rita v. United StatesSupreme Court of the United States · 2007
  5. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008

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3Cited by9 opinions

  1. United States v. Venancio Rojas-PedrozaCourt of Appeals for the Ninth Circuit · 2013
  2. J. Marquez-Reyes v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2022
  3. United States v. DionCourt of Appeals for the First Circuit · 2022
  4. United States v. Jose Andrade-CalderonCourt of Appeals for the Ninth Circuit · 2016
  5. United States v. Regnaldo Vargas-MendozaCourt of Appeals for the Ninth Circuit · 2011

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