Legal Opinion
United States v. Neri-Hernandes
Court of Appeals for the Fifth Circuit
Decided October 12, 2007No. 06-41173PublishedCited by 36 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
Defendant Juan Neri-Hernandes (Neri) appeals his sentence imposed after a guilty plea conviction for being unlawfully present in the United States under 8 U.S.C. § 1326. Neri’s main argument is that the district court erred in looking to the indictment and the Certificate of Disposition in determining whether Neri’s prior New York conviction was a crime of violence for purposes of imposing the enhancement under U.S.S.G. § 2L1.2. For the reasons set forth below, we reject Neri’s argument and affirm.
I
Neri pleaded guilty to being unlawfully present in the United…
2Cases cited8 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. Gutierrez-RamirezCourt of Appeals for the Fifth Circuit · 2005
- United States v. Gonzalez-RamirezCourt of Appeals for the Fifth Circuit · 2007
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- United States v. BonillaCourt of Appeals for the Fifth Circuit · 2008
- United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
- United States v. Elmer Gomez-AlvarezCourt of Appeals for the Fifth Circuit · 2015
- United States v. Moreno-FloreanCourt of Appeals for the Fifth Circuit · 2008
- United States v. BryantCourt of Appeals for the First Circuit · 2009
31 more not listed; retrieve them via the Exa API.