Legal Opinion

United States v. Aviles-Solarzano

Court of Appeals for the Seventh Circuit

Decided October 13, 2010No. 09-3992PublishedCited by 28 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The defendant pleaded guilty to having reentered the United States after having been removed (deported) as an illegal alien, in violation of 8 U.S.C. § 1326(a). The judge sentenced him to 70 months in prison. This was below the federal sentencing guidelines range of 77 to 96 months that she thought applicable, but considerably above the guidelines range of 33 to 41 months that would have been applicable had she not determined that the defendant’s conviction for aggravated battery under Illinois law at a time when he was in the United States illegally was a conviction for…

2Cases cited37 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Johnson v. United StatesSupreme Court of the United States · 2010
  4. United States v. MezzanattoSupreme Court of the United States · 1995
  5. Calvin Bailey v. Betty Mitchell, WardenCourt of Appeals for the Sixth Circuit · 2001

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3Cited by28 opinions

  1. United States v. Serrano-MercadoCourt of Appeals for the First Circuit · 2015
  2. Checo v. ShinsekiCourt of Appeals for the Federal Circuit · 2014
  3. United States v. Gary SpanCourt of Appeals for the Fourth Circuit · 2015
  4. United States v. Joseph WilliamsCourt of Appeals for the Seventh Circuit · 2019
  5. United States v. LynnCourt of Appeals for the Seventh Circuit · 2017

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

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