Legal Opinion
United States v. Alberto Elizondo-Hernandez
Court of Appeals for the Fifth Circuit
Decided June 9, 2014No. 13-40887PublishedCited by 33 opinions
1Per curiam
Alberto Elizondo-Hernandez pleaded guilty of being illegally present in the United States after removal. Over his objection, the district court applied a sixteen-level crime-of-violenee (“COV”) enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii) based on his Texas conviction of indecency with a child. The court sentenced within the guideline range to a forty-six-month term of imprisonment.
Elizondo-Hernandez renews his contention that the court erred in applying the enhancement. He asserts that his indecency conviction is not a COV because the statute under which he was convicted, Texas…
2Cases cited11 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
- United States v. Juan Raul Izaguirre-FloresCourt of Appeals for the Fifth Circuit · 2005
- United States v. Velazquez-OveraCourt of Appeals for the Fifth Circuit · 1996
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- United States v. William BoydCourt of Appeals for the Fifth Circuit · 2017
- United States v. Luis Hernandez-HernandezCourt of Appeals for the Fifth Circuit · 2016
- United States v. Oscar CeronCourt of Appeals for the Fifth Circuit · 2014
- United States v. Rodrigo Rodriguez-NegreteCourt of Appeals for the Fifth Circuit · 2014
- United States v. Marcelo Montanez-TrejoCourt of Appeals for the Fifth Circuit · 2017
28 more not listed; retrieve them via the Exa API.