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Legal Opinion

United States v. Eduardo Najera

Court of Appeals for the Fifth Circuit

Decided February 14, 2019No. 17-50802PublishedCited by 6 opinions

1Opinion of the Court

STEPHEN A. HIGGINSON, Circuit Judge:

This appeal challenges two sentencing decisions: a recklessness enhancement and a denial of reduction for acceptance of responsibility. On the first issue, we affirm. On the second, we vacate and remand.

Background

I. Factual History

On March 20, 2016, U.S. Border Patrol agent Giovanni Wardlaw was driving southbound near Brackettville, Texas on the lookout for suspicious vehicles. Based on his experience as a border patrol agent, Wardlaw knew that the road he was on, FM 674, is often used to smuggle undocumented immigrants. But Wardlaw also knew that because…

2Cases cited7 opinions

  1. United States v. Cisneros-GutierrezCourt of Appeals for the Fifth Circuit · 2008
  2. United States v. Donato Garcia MaldonadoCourt of Appeals for the Fifth Circuit · 1995
  3. United States v. Solis-GarciaCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. RodriguezCourt of Appeals for the Fifth Circuit · 2011
  5. United States v. Mateo GarzaCourt of Appeals for the Fifth Circuit · 2008

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

3Cited by6 opinions

  1. United States v. Martin LongoriaCourt of Appeals for the Fifth Circuit · 2020
  2. United States v. Christopher OmigieCourt of Appeals for the Fifth Circuit · 2020
  3. United States v. Luis Hinojosa-AlmanceCourt of Appeals for the Fifth Circuit · 2020
  4. United States v. NelsonCourt of Appeals for the Fifth Circuit · 2024
  5. United States v. Jose Diaz-LiraCourt of Appeals for the Fifth Circuit · 2020

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

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