Legal Opinion
UNITED STATES of America, Plaintiff-Appellant, v. Jesus Manuel RIOS-FAVELA, Defendant-Appellee
Court of Appeals for the Ninth Circuit
Decided June 25, 1997No. 96-50128PublishedCited by 15 opinions
1Opinion of the Court
TROTT, Circuit Judge:
I. Overview
The Government appeals Jesus Manuel Rios-Favela’s (“Defendant”) sentence imposed after he pled guilty to illegally reentering the United States after deportation in violation of 8 U.S.C. §§ 1326(a), (b)(1) and (b)(2). Applying section 2L1.2(b)(2) of the Sentencing Guidelines, the court adjusted the base offense level upward sixteen levels; however, it then departed downward ten levels based in part on its finding that Defendant’s aggravated felony conviction was not serious enough to warrant a sixteen-level increase. We must determine whether the district court…
2Cases cited18 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. Jose Jesus Lira-BarrazaCourt of Appeals for the Ninth Circuit · 1991
- United States v. William T. BarnesCourt of Appeals for the Ninth Circuit · 1993
- United States v. Filemon Arzate-NunezCourt of Appeals for the Ninth Circuit · 1994
- United States v. David Tenorio SablanCourt of Appeals for the Ninth Circuit · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. Miguel Sanchez-RodriguezCourt of Appeals for the Ninth Circuit · 1998
- United States v. Gary William Minore, AKA Skip, United States of America v. Arthur Torsone, United States of America v. Prommateta ChinawatCourt of Appeals for the Ninth Circuit · 2002
- United States v. Fernando Diaz-Diaz, United States of America v. Fernando Diaz-DiazCourt of Appeals for the Eighth Circuit · 1998
- United States v. Bentley Washington Westcott, Also Known as Barrington Glen MorrisonCourt of Appeals for the Second Circuit · 1998
- United States v. Omar Castillo-CasianoCourt of Appeals for the Ninth Circuit · 2000
10 more not listed; retrieve them via the Exa API.