Legal Opinion

United States v. Lopez-DeLeon

Court of Appeals for the Fifth Circuit

Decided January 9, 2008No. 06-41553PublishedCited by 23 opinions

1Opinion of the Court

DeMOSS, Circuit Judge:

Appellant Vinicio Cruz Lopez-DeLeon (Lopez) appeals his forty-six month sentence, imposed after he pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326(a). Over Lopez’s objection, the district court enhanced his base offense level by sixteen levels, holding that Lopez’s prior California conviction for sexual intercourse with a minor was a “crime of violence” within § 2L1.2(b)(l)(A)(ii) of the United States Sentencing Guidelines (U.S.S.G.). We find that Lopez’s prior conviction qualifies as a crime of violence and affirm the decision of the district court.

I.…

2Cases cited14 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. United States v. Pineda-ArrellanoCourt of Appeals for the Fifth Circuit · 2007
  5. People v. OsbandCalifornia Supreme Court · 1996

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

3Cited by23 opinions

  1. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  2. United States v. Chavez-HernandezCourt of Appeals for the Fifth Circuit · 2012
  3. United States v. Francisco Morales-MotaCourt of Appeals for the Fifth Circuit · 2013
  4. United States v. BattonCourt of Appeals for the Tenth Circuit · 2010
  5. United States v. ManatauCourt of Appeals for the Tenth Circuit · 2011

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

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