Legal Opinion

United States v. Martinez-Vega

Court of Appeals for the Fifth Circuit

Decided November 29, 2006No. 05-41498PublishedCited by 51 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

The principal issue on this direct criminal appeal is whether the district court plainly erred in assessing a 16-level enhancement to Appellant’s sentence based on the determination that Appellant’s prior state conviction for sexual assault was a crime of violence under the sentencing guidelines. Finding no plain error, we AFFIRM.

Appellant Sergio Guadalupe Martinez^ Vega pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326. Appellant’s base offense level was eight. Pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii), the district court increased his offense level…

2Cases cited12 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Johnson v. United StatesSupreme Court of the United States · 1997
  4. Shepard v. United StatesSupreme Court of the United States · 2005
  5. United States v. Juan Raul Izaguirre-FloresCourt of Appeals for the Fifth Circuit · 2005

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

3Cited by51 opinions

  1. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  2. United States v. BonillaCourt of Appeals for the Fifth Circuit · 2008
  3. United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
  4. United States v. Gonzalez-RamirezCourt of Appeals for the Fifth Circuit · 2007
  5. United States v. Moreno-FloreanCourt of Appeals for the Fifth Circuit · 2008

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API