Legal Opinion

United States v. Efrain Ramirez

Court of Appeals for the Fifth Circuit

Decided September 23, 2013No. 13-10473PublishedCited by 6 opinions

1Opinion of the Court

KING, Circuit Judge.

Efrain Hernandez Ramirez pled guilty to one count of illegal reentry following removal and at his sentencing, the district court applied an eight-level enhancement based on a prior conviction for an aggravated felony. The aggravated felony in question was a New York state misdemeanor conviction for third-degree sexual abuse of a fifteen-year-old girl. Ramirez appeals, arguing that his misdemeanor conviction cannot be an aggravated felony. For the following reasons, we AFFIRM.

I. Factual and Procedural Background

Efrain Hernandez Ramirez is a Mexican citizen, and he was…

2Cases cited19 opinions

  1. Shepard v. United StatesSupreme Court of the United States · 2005
  2. Moncrieffe v. HolderSupreme Court of the United States · 2013
  3. Carachuri-Rosendo v. HolderSupreme Court of the United States · 2010
  4. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  5. United States v. Winston C. Graham A/K/A Vincent Graham, A/K/A Michael Diamond A/K/A Tyrone L. Simmons, Winston C. GrahamCourt of Appeals for the Third Circuit · 1999

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3Cited by6 opinions

  1. United States v. Santos Herrera-AlvarezCourt of Appeals for the Fifth Circuit · 2014
  2. United States v. NeelCourt of Appeals for the Tenth Circuit · 2016
  3. Dwight Lindquist v. Marjorie DorholtUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  4. Garcia Pinach v. BondiCourt of Appeals for the Second Circuit · 2025
  5. JEAN-BAPTISTE BADO v. UNITED STATESDistrict of Columbia Court of Appeals · 2015

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

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