Legal Opinion
UNITED STATES of America, Plaintiff-Appellee, v. Jose Baltazar RODRIGUEZ-LOPEZ, Defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided March 25, 1999No. 98-50419PublishedCited by 9 opinions
1Per curiam
Jose Baltazar Rodriguez-Lopez appeals the 21-month sentence imposed following his guilty plea to one count of attempted entry after deportation in violation of 8 U.S.C. § 1326(a) and (b)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Rodriguez-Lopez contends that his sentence should be vacated because the district court failed to interpret the term “criminal conviction” contained in USSG § 2L1.2(b) to exclude prior convictions under 8 U.S.C. § 1326. We disagree.
The November 1,1997 guidelines amended section 2L1.2 to delete the language stating that the four-level…
2Cases cited4 opinions
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- UNITED STATES of America, Plaintiff-Appellee, v. Fidel Jose LUNA-MADELLAGA, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
3Cited by9 opinions
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- United States v. Miguel D'oliveira, Also Known as Miguel Doliveira, Also Known as Nathaniel MoreiraCourt of Appeals for the Second Circuit · 2005
- United States v. Sean McSherryCourt of Appeals for the Second Circuit · 2000
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