Legal Opinion

United States v. Riascos

Court of Appeals for the Fifth Circuit

Decided February 28, 1996No. 95-30830PublishedCited by 49 opinions

1Per curiam

Hector Cuero Ríaseos (“Ríaseos”) appeals the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct sentence.

FACTS AND PROCEEDINGS IN DISTRICT COURT

Pursuant to a plea agreement, Ríaseos pleaded guilty to being in the United States after having been previously deported in violation of 8 U.S.C. § 1326(b)(2). At sentencing, the district court concluded that Rias-cos’s prior conviction was an “aggravated felony” under the guidelines and sentenced Ríaseos to 78 months’ imprisonment. Counsel filed a notice of appeal, but the appeal was dismissed for want of prosecution.

Eight months…

2Cases cited2 opinions

  1. Kendall Sherman and Arthur Sherman, Jr. v. Fred H. HallbauerCourt of Appeals for the Fifth Circuit · 1972
  2. Macias v. Raul A. (Unknown), Badge No. 153Court of Appeals for the Fifth Circuit · 1994

3Cited by49 opinions

  1. Larry Alderson v. Concordia Parish Corrtl Facil, eCourt of Appeals for the Fifth Circuit · 2017
  2. Moler v. WellsCourt of Appeals for the Fifth Circuit · 2021
  3. Carol Thornton v. Phillips Cty, ARCourt of Appeals for the Eighth Circuit · 2001
  4. United States v. Richard ElamCourt of Appeals for the Fifth Circuit · 2019
  5. Lozano v. SchubertCourt of Appeals for the Fifth Circuit · 2022

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