Legal Opinion
United States v. Carlos Urbina-Fuentes
Court of Appeals for the Fifth Circuit
Decided August 20, 2018No. 17-40425PublishedCited by 16 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
An able district court judge, without objection from defense counsel, relied on the wrong version of the Sentencing Guidelines-thereby generating the wrong sentencing range-in sentencing Urbina-Fuentes. Finding the error was plain, we vacate and remand for resentencing.
I
The facts are straightforward. Carlos Urbina-Fuentes is a Honduran national who waded the Rio Grande and was detained by federal agents at a ranch in Laredo, Texas. He had unlawfully entered the United States twice before: once in 2004 and once in 2013, entries Urbina-Fuentes…
2Cases cited29 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Mathis v. United StatesSupreme Court of the United States · 2016
- Descamps v. United StatesSupreme Court of the United States · 2013
- Molina-Martinez v. United StatesSupreme Court of the United States · 2016
- Peugh v. United StatesSupreme Court of the United States · 2013
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3Cited by16 opinions
- Dexter Hillocks v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2019
- United States v. Eleazar Perez-MateoCourt of Appeals for the Fifth Circuit · 2019
- United States v. Jose Martinez-OvalleCourt of Appeals for the Fifth Circuit · 2020
- United States v. BlancoCourt of Appeals for the Fifth Circuit · 2022
- United States v. ParraCourt of Appeals for the Fifth Circuit · 2024
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