Legal Opinion

United States v. Valtierra-Rojas

Court of Appeals for the Tenth Circuit

Decided November 9, 2006No. 05-3390PublishedCited by 22 opinions

1Opinion of the Court

EBEL, Circuit Judge.

D efendant-Appellant Gerardo Valtierra-Rojas appeals his sixty-month sentence, which is thirty-three months above the high-end of the sentencing range recommended by the Sentencing Guidelines. We conclude that, although this is a substantial increase, it is reasonable under the compelling facts of this case. We therefore AFFIRM.

BACKGROUND

In 1997, Mr. Valtierra-Rojas was convicted on one count of Involuntary Manslaughter While Driving Under The Influence Of Alcohol for striking and killing a motorcycle driver. See Kan Stat. Ann. § 21-3442. After serving his sentence on this…

2Cases cited17 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Leocal v. AshcroftSupreme Court of the United States · 2004
  3. United States v. Lavell DeanCourt of Appeals for the Seventh Circuit · 2005
  4. United States v. Brian A. Moreland, United States of America v. Brian A. MorelandCourt of Appeals for the Fourth Circuit · 2006
  5. United States v. KristlCourt of Appeals for the Tenth Circuit · 2006

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

3Cited by22 opinions

  1. United States v. Munoz-NavaCourt of Appeals for the Tenth Circuit · 2008
  2. United States v. WilkenCourt of Appeals for the Tenth Circuit · 2007
  3. United States v. MateoCourt of Appeals for the Tenth Circuit · 2006
  4. United States v. AllenCourt of Appeals for the Tenth Circuit · 2007
  5. United States v. GarciaCourt of Appeals for the Tenth Circuit · 2020

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

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