Legal Opinion

United States v. Villarreal-Ortiz

Court of Appeals for the Tenth Circuit

Decided January 12, 2009No. 07-3321PublishedCited by 17 opinions

1Per curiam

Francisco Villarreal-Ortiz pled guilty to the offense of being a deported alien “found” in the United States in violation of 8 U.S.C. § 1326. He appeals his sentence, challenging an increase in his criminal history points pursuant to U.S.S.G. § 4Al.l(d), which provides for the increase when the offense was committed while the defendant was on probation for another crime. Here, we are required to determine when a defendant commits the crime of being “found” in the United States. We have jurisdiction pursuant to 18 U.S.C. § 3742(a)(2) and affirm.

I.BACKGROUND

The facts are undisputed. Mr.…

2Cases cited6 opinions

  1. Rohrbaugh v. Celotex Corp.Court of Appeals for the Tenth Circuit · 1995
  2. United States v. Ruiz-GeaCourt of Appeals for the Tenth Circuit · 2003
  3. Michael Bates v. The Department of Corrections of the State of KansasCourt of Appeals for the Tenth Circuit · 1996
  4. United States v. Rosales-GarayCourt of Appeals for the Tenth Circuit · 2002
  5. United States v. Bencomo-CastilloCourt of Appeals for the Tenth Circuit · 1999

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3Cited by17 opinions

  1. Bishop v. SmithCourt of Appeals for the Tenth Circuit · 2014
  2. Tokoph v. United StatesCourt of Appeals for the Tenth Circuit · 2014
  3. United States v. Sierra-LedesmaCourt of Appeals for the Tenth Circuit · 2011
  4. G. v. Harrison School District No. 2Court of Appeals for the Tenth Circuit · 2022
  5. Jefferson County School District R-1 v. Elizabeth E. Ex Rel. Roxanne B.Court of Appeals for the Tenth Circuit · 2012

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