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Legal Opinion

United States v. Garcia-Arellano

Court of Appeals for the Fifth Circuit

Decided March 25, 2008No. 06-11276PublishedCited by 21 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Abel Garcia-Arellano (“Garcia”) appeals the sentence imposed for his unlawful reentry following removal from the United States. Garcia asserts that the district court plainly erred by enhancing his sentence based on the determination that his prior Texas conviction for unlawful delivery of cocaine qualifies as a drug-trafficking offense under the sentencing guidelines. Garcia also asserts that the felony and aggravated felony provisions of 8 U.S.C. § 1326(b) are unconstitutional. We affirm the sentence imposed by the district court.

I

Garcia pleaded guilty,…

2Cases cited15 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  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. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005

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3Cited by21 opinions

  1. United States v. Wayland HinkleCourt of Appeals for the Fifth Circuit · 2016
  2. United States v. Dantana TanksleyCourt of Appeals for the Fifth Circuit · 2017
  3. United States v. Curtis HowellCourt of Appeals for the Fifth Circuit · 2016
  4. United States v. Alberto Elizondo-HernandezCourt of Appeals for the Fifth Circuit · 2014
  5. United States v. Aaron WikkerinkCourt of Appeals for the Fifth Circuit · 2016

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

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