Legal Opinion

United States v. Miguel Trinidad-Aquino

Court of Appeals for the Ninth Circuit

Decided August 8, 2001No. 00-10013PublishedCited by 130 opinions

1Opinion of the Court

Opinion by Judge MICHAEL DALY HAWKINS; Dissent by Judge KOZINSKI

MICHAEL DALY HAWKINS, Circuit Judge:

The government appeals Miguel Trinidad-Aquino’s sentence for illegally re-entering the United States following deportation, a violation of 8 U.S.C. § 1326. We are asked to decide whether Trinidad-Aquino should have received a sixteen-level increase in base offense level under Sentencing Guidelines § 2L1.2(b)(l)(A) because he was previously deported after conviction for an “aggravated felony.” The answer turns on a question of law: does a California conviction for driving under the influence of…

2Cases cited20 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. United States v. United States Gypsum Co.Supreme Court of the United States · 1978
  5. Sareang Ye v. Immigration and Naturalization Service and United States Attorney General Janet RenoCourt of Appeals for the Ninth Circuit · 2000

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3Cited by130 opinions

  1. Leocal v. AshcroftSupreme Court of the United States · 2004
  2. United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002
  3. United States v. Isidro Moreno-HernandezCourt of Appeals for the Ninth Circuit · 2005
  4. Fernandez-Ruiz v. GonzalesCourt of Appeals for the Ninth Circuit · 2006
  5. Roberto Ortega-Mendez v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006

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