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Legal Opinion

United States v. Ruiz-Arriaga

Court of Appeals for the Fifth Circuit

Decided April 9, 2009No. 08-40242PublishedCited by 7 opinions

1Opinion of the Court

EDITH H. JONES, Chief Judge:

Luis Enrique Ruiz-Arriaga pled guilty to illegal re-entry in violation of 8 U.S.C. § 1326 and was sentenced to 46 months imprisonment. He appeals his sentence on the grounds that the district court incorrectly calculated the appropriate Guideline range for a “crime of violence,” and its alternate non-Guidelines sentence cannot be sustained. Because the court committed no reversible error, we AFFIRM.

I. BACKGROUND

Ruiz-Arriaga was deported in July 2007 after being convicted of sexual assault of a child in Texas. Tex. Penal Code § 22.011(a)(2)(A), (c)(1). Three months…

2Cases cited10 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. United States v. SmithCourt of Appeals for the Fifth Circuit · 2006
  4. United States v. Bobby Ray McCaskey A/K/A Snake and Lionel Legard A/K/A MaxCourt of Appeals for the Fifth Circuit · 1993
  5. United States v. BonillaCourt of Appeals for the Fifth Circuit · 2008

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3Cited by7 opinions

  1. United States v. David SpaldingCourt of Appeals for the Fifth Circuit · 2018
  2. United States v. Henao-MeloCourt of Appeals for the Fifth Circuit · 2009
  3. United States v. Ray AguillardCourt of Appeals for the Fifth Circuit · 2012
  4. United States v. Selvin Rodriguez-LopezCourt of Appeals for the Fifth Circuit · 2012
  5. United States v. Corey JilesCourt of Appeals for the Fifth Circuit · 2010

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