Legal Opinion
United States v. Clase-Espinal
Court of Appeals for the First Circuit
Decided June 19, 1997No. 96-1881PublishedCited by 39 opinions
1Opinion of the Court
CYR, Circuit Judge.
Gerardo Clase Espinal (“Clase”) appeals the sentence imposed upon him for unlawful reentry following deportation. See 8 U.S.C. § 1326(a). The appeal centers upon a novel government motion for downward departure under U.S.S.G. § 5K2.0, which the district court rejected. We affirm.
I
BACKGROUND
A citizen of the Dominican Republic, Clase was first deported from the United States on February 4, 1994, following a felony conviction in a Texas state court for cocaine possession. On October 23, 1995, he was arrested in the United States again, and charged with unlawful reentry…
2Cases cited19 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Immigration & Naturalization Service v. Lopez-MendozaSupreme Court of the United States · 1984
- United States v. Mirna Rivera, United States v. Robert AdamoCourt of Appeals for the First Circuit · 1993
- United States v. David Sklar, United States of America v. David SklarCourt of Appeals for the First Circuit · 1990
- Williams v. Ashland Engineering Co.Court of Appeals for the First Circuit · 1995
14 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- United States v. SnyderCourt of Appeals for the First Circuit · 1998
- United States v. William Benjamin (96-4040), Robert N. Thompson (96-4064)Court of Appeals for the Sixth Circuit · 1998
- United States v. MaldonadoCourt of Appeals for the First Circuit · 2001
- United States v. Alberto Montez-GaviriaCourt of Appeals for the Second Circuit · 1998
- United States v. SantosCourt of Appeals for the First Circuit · 1997
34 more not listed; retrieve them via the Exa API.