Legal Opinion

UNITED STATES of America, Plaintiff-Appellee, v. Fidel Jose LUNA-MADELLAGA, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided January 20, 1998No. 97-10102PublishedCited by 13 opinions

1Opinion of the Court

T.G. NELSON, Circuit Judge:

Defendant Fidel Jose Luna-Madellaga appeals his sentence imposed following his plea of guilty to illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1326(a)(2). We have jurisdiction over this appeal under 28 U.S.C. § 1291. We affirm.

I

At the time the district court sentenced defendant on the illegal reentry after deportation conviction, defendant was serving a sentence in Nevada State Prison for an unrelated offense. The district court therefore applied U.S.S.G. § 5G1.3, 1 which specifically addresses situations where the defendant…

2Cases cited1 opinion

  1. United States v. Joshua Carl RedmanCourt of Appeals for the Ninth Circuit · 1994

3Cited by13 opinions

  1. United States v. Rey Chea, AKA T-BoneCourt of Appeals for the Ninth Circuit · 2000
  2. United States v. Norman Anthony King, AKA Norm King, AKA Norman August KlauseCourt of Appeals for the Ninth Circuit · 2001
  3. United States v. Jin Han KimCourt of Appeals for the Ninth Circuit · 1999
  4. United States v. Wilner SaintvilleCourt of Appeals for the Third Circuit · 2000
  5. UNITED STATES of America, Plaintiff-Appellee, v. Jose Baltazar RODRIGUEZ-LOPEZ, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1999

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