Legal Opinion
United States v. Roberto Echavarria-Escobar, Aka, Roberto Escobar Aka, Baudilo Echeveria Aka, Roberto Car Escobar-Rodriguez
Court of Appeals for the Ninth Circuit
Decided October 18, 2001No. 00-10570PublishedCited by 54 opinions
1Opinion of the Court
WARDLAW, Circuit Judge:
Roberto Echavama-Escobar (“Echavar-ria”) appeals his sentence of 46 months imprisonment for illegal reentry into the United States following deportation and an aggravated felony conviction, in violation of 8 U.S.C. § 1326(a). He challenges the increase of his sentence by 16 levels pursuant to United States Sentencing Guideline (“U.S.S.G.”) § 2L1.2(b)(l)(A), contending that because his prior theft offense sentence was suspended, it did not constitute an aggravated felony. We disagree. Like every other circuit court that has considered this question, we conclude that…
2Cases cited21 opinions
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- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Agostini v. FeltonSupreme Court of the United States · 1997
- United States v. Pacheco-ZepedaCourt of Appeals for the Ninth Circuit · 2000
- Joseph R. Bolker v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
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3Cited by54 opinions
- Robert Lee Lott v. Glenn A. Mueller, WardenCourt of Appeals for the Ninth Circuit · 2002
- Maria Huerta-Guevara v. John D. Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
- Smith v. Arthur Andersen LLPCourt of Appeals for the Ninth Circuit · 2005
- Louis Schneider v. County of San Diego, and Reybro, Inc., a California Corporation, Dba, Quality Auto RecyclingCourt of Appeals for the Ninth Circuit · 2002
- United States v. Gonzalez-AparicioCourt of Appeals for the Ninth Circuit · 2011
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