Legal Opinion

United States v. Raul Ramirez

Court of Appeals for the Second Circuit

Decided August 26, 2005No. Docket 04-3147-CRPublishedCited by 12 opinions

1Opinion of the Court

JOHN M. WALKER, JR., Chief Judge.

Defendanb-Appellant Raul Ramirez appeals from a judgment entered on May 27, 2004, in the United States District Court for the Western District of New York (Richard J. Arcara, Chief Judge), sentencing him to 46 months’ imprisonment. On appeal, Ramirez argues that the district court erred in finding that each of the two prior “conditional discharge” sentences he received under N.Y. Penal Law § 65.05 was a “term of probation” for purposes of § 4A1.2(c)(l)(A) of the United States Sentencing Guidelines (2003) (“U.S.S.G.” or “Guidelines”), and thus subject to…

2Cases cited17 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
  4. United States v. Andrew FagansCourt of Appeals for the Second Circuit · 2005
  5. United States v. James CaputoCourt of Appeals for the Seventh Circuit · 1992

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3Cited by12 opinions

  1. Gabbanelli Accordions & Imports v. Ditta Gabbanelli Ubaldo Di Elio GabbanelliCourt of Appeals for the Seventh Circuit · 2009
  2. Giuseppe Spina v. Department of Homeland SecurityCourt of Appeals for the Second Circuit · 2006
  3. United States v. SmithDistrict Court, S.D. New York · 2014
  4. United States v. Potes-CastilloCourt of Appeals for the Second Circuit · 2011
  5. United States v. BouknightCourt of Appeals for the Second Circuit · 2010

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

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