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Legal Opinion

United States v. Ever Martinez-Flores

Court of Appeals for the Fifth Circuit

Decided June 19, 2013No. 11-41375PublishedCited by 17 opinions

1Per curiam

This is a direct appeal from a felony conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326(a) and 1326(b). Appellant challenges only his sentence, arguing that his prior New Jersey conviction for third degree aggravated assault does not constitute a crime of violence under the sentencing guidelines. U.S.S.G. § 2L1.2(b)(l)(A)(ii). We agree and therefore VACATE the sentence and REMAND for resentencing.

I. BACKGROUND

Ever Alexander Martinez-Flores (“Martinez-Flores”) pleaded guilty to illegal reentry into the United States after deportation. Martinez-Flores had a prior…

2Cases cited19 opinions

  1. Moncrieffe v. HolderSupreme Court of the United States · 2013
  2. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  3. United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004
  4. United States v. Juan Raul Izaguirre-FloresCourt of Appeals for the Fifth Circuit · 2005
  5. United States v. Ibarra-LunaCourt of Appeals for the Fifth Circuit · 2010

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3Cited by17 opinions

  1. United States v. Juan Garcia-PerezCourt of Appeals for the Fifth Circuit · 2015
  2. United States v. Luis Hernandez-HernandezCourt of Appeals for the Fifth Circuit · 2016
  3. United States v. Santos Herrera-AlvarezCourt of Appeals for the Fifth Circuit · 2014
  4. United States v. Johnny EscalanteCourt of Appeals for the Fifth Circuit · 2019
  5. United States v. Victor Hernandez-MontesCourt of Appeals for the Fifth Circuit · 2016

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

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