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Legal Opinion

United States v. Duarte

Court of Appeals for the Fifth Circuit

Decided June 2, 2009No. 18-31159PublishedCited by 285 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

After he was apprehended on March 15, 2008, near El Paso, within a few days of wading across the Rio Grande into Texas, Jorge Heriberto Duarte, a Mexican national, pled guilty to illegal reentry 1 on June 19, 2008, and on August 29 he received a sentence of forty-six months’ imprisonment, at the low end of the range advised under the federal sentencing guidelines. A previous drug felony, which led to a brief prison term and then removal in May 2007, dramatically increased Duarte’s sentencing range under the Guidelines. 2

Duarte appeals his sentence,…

2Cases cited17 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Kimbrough v. United StatesSupreme Court of the United States · 2007
  4. United States v. Mondragon-SantiagoCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. AlonzoCourt of Appeals for the Fifth Circuit · 2006

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3Cited by285 opinions

  1. United States v. MillerCourt of Appeals for the Fifth Circuit · 2011
  2. United States v. RodriguezCourt of Appeals for the Fifth Circuit · 2011
  3. United States v. Thomas Malone, Jr.Court of Appeals for the Fifth Circuit · 2016
  4. United States v. Andre HarrisCourt of Appeals for the Fifth Circuit · 2014
  5. United States v. Daniel StanfordCourt of Appeals for the Fifth Circuit · 2016

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

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