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Legal Opinion

United States v. Alvarado-Hernandez

Court of Appeals for the Fifth Circuit

Decided September 18, 2006No. 05-50994PublishedCited by 14 opinions

1Per curiam

Jose Luis Alvarado-Hernandez pleaded guilty to reentering the United States illegally after deportation in violation of 8 U.S.C. § 1326(b). Alvarado-Hernandez now appeals his sentence, arguing that the district court erred in enhancing his sentence because his prior sexual assault conviction did not constitute a crime of violence. Because his prior conviction meets a common-sense definition of crime of violence, we AFFIRM.

I. Background

Alvarado-Hernandez pleaded guilty to reentering the United States illegally after deportation. At his sentencing, the district court rejected…

2Cases cited8 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. Juan Raul Izaguirre-FloresCourt of Appeals for the Fifth Circuit · 2005
  5. United States v. HoustonCourt of Appeals for the Fifth Circuit · 2004

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3Cited by14 opinions

  1. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  2. United States v. Mejia-HuertaCourt of Appeals for the Fifth Circuit · 2007
  3. United States v. Castro-GuevarraCourt of Appeals for the Fifth Circuit · 2009
  4. United States v. Ruiz-ArriagaCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2012

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

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