Legal Opinion
UNITED STATES OF AMERICA, — v. DANIEL BARRERA-SAUCEDO, —
Court of Appeals for the Fifth Circuit
Decided September 9, 2004No. 03-20960PublishedCited by 22 opinions
1Opinion of the Court
LYNN, District Judge:
Appellant Daniel Barrera-Saucedo appeals the district court’s sentence on two grounds. The first ground is that the district court erred in concluding that it had no authority to depart downward for the time Barrera-Saucedo had served in state custody after immigration authorities found him. The second ground is that the “felony” and “aggravated felony” provisions found at 8 U.S.G. § 1326(b)(1) and (b)(2) are facially unconstitutional Finding, error as to the first ground, we vacate the sentence and remand this case for the limited purpose of allowing the trial court to…
2Cases cited14 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. DabeitCourt of Appeals for the Fifth Circuit · 2000
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. Villegas-MirandaCourt of Appeals for the Seventh Circuit · 2009
- United States v. GarciaCourt of Appeals for the Fifth Circuit · 2009
- United States v. Marcos Estrada-MederosCourt of Appeals for the Seventh Circuit · 2015
- United States v. SamCourt of Appeals for the Fifth Circuit · 2006
- United States v. SoutherlandCourt of Appeals for the Fifth Circuit · 2005
17 more not listed; retrieve them via the Exa API.