Legal Opinion

United States v. Munoz-Ortenza

Court of Appeals for the Fifth Circuit

Decided March 18, 2009No. 07-51344PublishedCited by 19 opinions

1Opinion of the Court

JENNIFER W. ELROD, Circuit Judge:

Defendant-Appellant Ernesto MunozOrtenza pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326, and appeals his sentence of forty-one months of imprisonment and three years of supervised release based in part on a sixteen-level enhancement that resulted from Munoz-Ortenza’s previous criminal conviction in California for oral copulation of a minor. We vacate and remand for resentencing.

I. BACKGROUND

On August 16, 2007, Munoz-Ortenza pleaded guilty to a single-count indictment for illegal reentry in violation of 8 U.S.C. § 1326(a) as enhanced by §…

2Cases cited14 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. United States v. Fortino Saucedo VillegasCourt of Appeals for the Fifth Circuit · 2005
  4. Estrada-Espinoza v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  5. United States v. Ricardo M. InfanteCourt of Appeals for the Fifth Circuit · 2005

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3Cited by19 opinions

  1. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  2. United States v. DavisCourt of Appeals for the Fifth Circuit · 2010
  3. United States v. Chavez-HernandezCourt of Appeals for the Fifth Circuit · 2012
  4. United States v. JassoCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. JonesCourt of Appeals for the Fifth Circuit · 2010

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

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