Legal Opinion

United States v. Torres-Duenas

Court of Appeals for the Tenth Circuit

Decided August 28, 2006No. 06-1062PublishedCited by 70 opinions

1Opinion of the Court

HARTZ, Circuit Judge.

Jose Torres-Duenas pleaded guilty in the United States District Court for the District of Colorado to illegal reentry by a person previously deported for an aggravated felony, see 8 U.S.C. § 1326(a) and (b)(2). He was sentenced to 41 months’ imprisonment. On appeal he contends that (1) the district court erred in enhancing his sentence based on a felony kidnapping conviction that was nearly two decades old, (2) his sentence is unreasonable, and (3) sentences within a properly calculated range under the United States Sentencing Guidelines (USSG) should not be presumed…

2Cases cited8 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. United States v. Gonzalez-HuertaCourt of Appeals for the Tenth Circuit · 2005
  4. United States v. KristlCourt of Appeals for the Tenth Circuit · 2006
  5. United States v. Salvador Castro-JuarezCourt of Appeals for the Seventh Circuit · 2005

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3Cited by70 opinions

  1. Holguin-Hernandez v. United StatesSupreme Court of the United States · 2020
  2. United States v. SmartCourt of Appeals for the Tenth Circuit · 2008
  3. United States v. Ruiz-HuertasCourt of Appeals for the First Circuit · 2015
  4. United States v. Ruiz-TerrazasCourt of Appeals for the Tenth Circuit · 2007
  5. United States v. RomeroCourt of Appeals for the Tenth Circuit · 2007

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