Legal Opinion

United States v. Roberto Palomino-Rivera

Court of Appeals for the Seventh Circuit

Decided July 20, 2001No. 00-3640PublishedCited by 19 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

Roberto Palomino-Rivera was indicted on one count of being present in the United States without authorization after having been deported previously, in violation of 8 U.S.C. § 1326. He pleaded guilty. The Government recommended that Mr. Palomino-Rivera receive a sixteen-level increase in offense level pursuant to United States Sentencing Guideline § 2L1.2(b)(l)(A) because he had been deported after being convicted of an aggravated felony. Mr. Palomino-Rivera filed a motion for a downward departure on the ground that the sixteen-level increase overstated the seriousness…

2Cases cited13 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Koon v. United StatesSupreme Court of the United States · 1996
  4. United States v. Miguel Sanchez-RodriguezCourt of Appeals for the Ninth Circuit · 1998
  5. United States of America, Plaintiff-Appellee/cross-Appellant v. Jim Gee and William C. Norris, Defendants-Appellants/cross-AppelleesCourt of Appeals for the Seventh Circuit · 2000

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3Cited by19 opinions

  1. United States v. Marcos Martinez-GarciaCourt of Appeals for the Seventh Circuit · 2001
  2. State v. JonesCourt of Appeals of Washington · 2005
  3. United States v. Derrick TaylorCourt of Appeals for the Sixth Circuit · 2002
  4. United States v. Gomez-EstradaCourt of Appeals for the First Circuit · 2001
  5. United States v. Robert E. MerriweatherCourt of Appeals for the Seventh Circuit · 2002

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

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