Legal Opinion

United States v. Jose Narez-Garcia

Court of Appeals for the Fifth Circuit

Decided March 31, 2016No. 15-50076, 15-50077PublishedCited by 16 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge:

Jose Luis Narez-Garcia pleaded guilty to illegal reentry following deportation. At sentencing, Narez-Garcia objected to the application of an eight-level enhancement based on his prior Arkansas conviction of aggravated assault on a household member. Narez-Garcia argued that his Arkansas conviction did not constitute an aggravated felony because the offense did not have as an element the use of force or involve a substantial risk that force would be used against a person. The district court noted that Narez-Garcia had been convicted of two offenses:…

2Cases cited20 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. United States v. FradySupreme Court of the United States · 1982
  3. Puckett v. United StatesSupreme Court of the United States · 2009
  4. United States v. Mondragon-SantiagoCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. Cisneros-GutierrezCourt of Appeals for the Fifth Circuit · 2008

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3Cited by16 opinions

  1. United States v. HillCourt of Appeals for the Fifth Circuit · 2023
  2. United States v. Thomas Lucas, Jr.Court of Appeals for the Fifth Circuit · 2017
  3. United States v. Gomez GomezCourt of Appeals for the Fifth Circuit · 2022
  4. United States v. HillCourt of Appeals for the Fifth Circuit · 2022
  5. United States v. Jose Valle-RamirezCourt of Appeals for the Fifth Circuit · 2018

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

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