Legal Opinion
United States v. Holguin-Enriquez
District Court, D. Kansas
Decided October 12, 2000No. 00-20039-JWLPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
LUNGSTRUM, District Judge.
On October 11, 2000, the court held a sentencing hearing in this case. At the hearing, the court sustained the government’s objection to the Presentence Investigation Report (PSIR), relating to the applicability of a 16 level enhancement to defendant’s base offense level under United States Sentencing Guideline (USSG) § 2L1.2(b)(l)(A). The court here sets out its reasons for that ruling.
USSG § 2L1.2(b)(l)(A) states that if a defendant was previously deported after a criminal conviction (whether or not the deportation was in response to the…
2Cases cited13 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Custis v. United StatesSupreme Court of the United States · 1994
- Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd.Supreme Court of the United States · 1983
- United States v. Winston C. Graham A/K/A Vincent Graham, A/K/A Michael Diamond A/K/A Tyrone L. Simmons, Winston C. GrahamCourt of Appeals for the Third Circuit · 1999
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3Cited by1 opinion
- United States v. Delacruz-SotoCourt of Appeals for the Tenth Circuit · 2005