Legal Opinion

United States v. Villarreal-Tamayo

Court of Appeals for the Seventh Circuit

Decided October 30, 2006No. 05-3514PublishedCited by 34 opinions

1Opinion of the Court

EVANS, Circuit Judge.

Gerardo Villarreal-Tamayo pleaded guilty to being in the United States without permission after he was deported. See 8 U.S.C. § 1326(a). He was sentenced to a term of 48 months because his deportation followed a conviction for an aggravated felony. On appeal he argues that his guilty plea should be overturned because during the plea colloquy he did not admit, nor did the district court find, that he was previously convicted of an aggravated felony. Because Tamayo 1 didn’t first ask the district court to allow him to walk away from his plea, his burden here is a steep one.

T…

2Cases cited14 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. United States v. VonnSupreme Court of the United States · 2002
  3. United States v. Robert Schuh, Lisa Nolen, and Curtis LaneCourt of Appeals for the Seventh Circuit · 2002
  4. United States v. Richard E. DriverCourt of Appeals for the Seventh Circuit · 2001
  5. United States v. Terrance E. BlalockCourt of Appeals for the Seventh Circuit · 2003

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3Cited by34 opinions

  1. United States v. GriffinCourt of Appeals for the Seventh Circuit · 2008
  2. United States v. ArenalCourt of Appeals for the Seventh Circuit · 2007
  3. United States v. AustinCourt of Appeals for the Seventh Circuit · 2018
  4. United States v. SanchezCourt of Appeals for the Seventh Circuit · 2010
  5. United States v. ThomasCourt of Appeals for the Seventh Circuit · 2011

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

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