Legal Opinion

United States v. Daniel Cervantes Lucatero

Court of Appeals for the Ninth Circuit

Decided November 20, 1989No. 89-30033PublishedCited by 37 opinions

1Opinion of the Court

JAMES R. BROWNING, Circuit Judge:

Cervantes-Lucatero pled guilty to being an illegal alien in the United States after deportation. His presentence report, prepared as required by the Sentencing Reform Act, 18 U.S.C. § 3552, gave Cervantes-Lueatero a total offense level of six and a criminal history rating of IV and recommended he receive a sentence of six to twelve months. The district court departed upward from this recommendation and sentenced Cervantes-Lucatero to twenty-four months. Cervantes-Lucatero appeals his sentence.

We review the legality of a criminal sentence de novo. United States…

2Cases cited6 opinions

  1. United States v. Irma Nuno-Para, United States of America v. Jesus Garcia-ReyesCourt of Appeals for the Ninth Circuit · 1989
  2. United States v. Dimitrise Uca, Appellant/no. 88-1607. United States of America v. Brahim Hodzic, Appellant/no. 88-1614Court of Appeals for the Third Circuit · 1989
  3. United States v. Wayne L. WellsCourt of Appeals for the Ninth Circuit · 1989
  4. United States v. Victor MichelCourt of Appeals for the Ninth Circuit · 1989
  5. United States v. Jose Hernandez-VasquezCourt of Appeals for the Ninth Circuit · 1989

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3Cited by37 opinions

  1. United States v. Luis Montenegro-RojoCourt of Appeals for the Ninth Circuit · 1990
  2. United States v. Allen L. StreitCourt of Appeals for the Ninth Circuit · 1992
  3. United States v. Walter R. Tucker, IIICourt of Appeals for the Ninth Circuit · 1998
  4. United States v. James Franklin Ray, United States of America v. James Franklin RayCourt of Appeals for the Ninth Circuit · 1991
  5. United States v. Aaron Leon Litteral and Dell Rae WyattCourt of Appeals for the Ninth Circuit · 1990

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