Legal Opinion

United States v. Morales-Martinez

Court of Appeals for the Fifth Circuit

Decided August 8, 2007No. 06-40467PublishedCited by 29 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

The defendant, Roberto Morales-Martinez (“Morales-Martinez”), pleaded guilty to illegal re-entry in violation of 8 U.S.C. § 1326(a). The district court applied a sentencing enhancement after finding that Morales-Martinez has a prior conviction for a drug trafficking offense; Morales- Martinez had previously pleaded guilty to a state charge for delivery of cocaine. Morales-Martinez challenges this enhancement, arguing that his guilty plea in the prior state court conviction did not admit to the facts establishing a drug trafficking offense.

I

Morales-Martinez is a…

2Cases cited25 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. United States v. BroceSupreme Court of the United States · 1989
  5. United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005

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3Cited by29 opinions

  1. United States v. Ibarra-LunaCourt of Appeals for the Fifth Circuit · 2010
  2. Young v. HolderCourt of Appeals for the Ninth Circuit · 2012
  3. United States v. Curtis HowellCourt of Appeals for the Fifth Circuit · 2016
  4. Vasquez-Martinez v. HolderCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. Garcia-ArellanoCourt of Appeals for the Fifth Circuit · 2008

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

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