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Legal Opinion

United States v. Hernandez-Noriega

Court of Appeals for the Tenth Circuit

Decided October 17, 2008No. 07-1393PublishedCited by 10 opinions

1Opinion of the Court

McKAY, Circuit Judge.

Defendant pled guilty to being a previously deported alien found within the United States in violation of 8 U.S.C. § 1326. At the time he was found in the United States, he was serving a state term of imprisonment in Colorado. Based on this fact, the district court added two points to Defendant’s criminal history score pursuant to USSG § 4Al.l(d), which applies when “the defendant committed the instant offense while under any criminal justice sentence.” The court also added a third criminal history point pursuant to USSG § 4Al.l(e),-which applies when, inter alia, the…

2Cases cited7 opinions

  1. United States v. Ruiz-GeaCourt of Appeals for the Tenth Circuit · 2003
  2. United States v. Santana-CastellanoCourt of Appeals for the Fifth Circuit · 1996
  3. United States v. ToddCourt of Appeals for the Tenth Circuit · 2008
  4. United States v. Javier Ortiz-VillegasCourt of Appeals for the Ninth Circuit · 1995
  5. United States v. CoeurCourt of Appeals for the Eleventh Circuit · 1999

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

3Cited by10 opinions

  1. United States v. Cano-RodriguezCourt of Appeals for the Seventh Circuit · 2009
  2. United States v. Moreno-PadillaCourt of Appeals for the Seventh Circuit · 2010
  3. United States v. Sierra-LedesmaCourt of Appeals for the Tenth Circuit · 2011
  4. United States v. Villarreal-OrtizCourt of Appeals for the Tenth Circuit · 2009
  5. United States v. Gustavo Reyes-CejaCourt of Appeals for the Ninth Circuit · 2013

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

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