Legal Opinion
United States v. Algarate-Valencia
Court of Appeals for the Tenth Circuit
Decided December 30, 2008No. 18-8063PublishedCited by 31 opinions
1Opinion of the Court
TACHA, Circuit Judge.
Defendant-Appellant Andres Roberto Algarate-Valencia pleaded guilty without a plea agreement to illegal re-entry of a removed alien. See 8 U.S.C. § 1326(a). Previously, Mr. Algarate had pleaded guilty in Colorado to second-degree kid-naping and third-degree assault, leading to a six-month jail sentence and his deportation. When sentencing Mr. Algarate in this case, the district judge applied a sixteen-level enhancement for illegal re-entry by an alien who has committed a felony crime of violence, see U.S.S.G. § 2L1.2(b)(l)(A)(ii), which resulted in a total offense level…
2Cases cited13 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- United States v. Gonzalez-HuertaCourt of Appeals for the Tenth Circuit · 2005
- United States v. KristlCourt of Appeals for the Tenth Circuit · 2006
- United States v. McCombCourt of Appeals for the Tenth Circuit · 2007
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- United States v. Bustamante-ConchasCourt of Appeals for the Tenth Circuit · 2017
- United States v. Uscanga-MoraCourt of Appeals for the Tenth Circuit · 2009
- United States v. IversonCourt of Appeals for the Tenth Circuit · 2016
- United States v. GallegosCourt of Appeals for the Tenth Circuit · 2015
- United States v. KearnCourt of Appeals for the Tenth Circuit · 2017
26 more not listed; retrieve them via the Exa API.