Legal Opinion

United States v. Pedro Santiesteban-Hernandez

Court of Appeals for the Fifth Circuit

Decided October 31, 2006No. 05-50399PublishedCited by 108 opinions

1Opinion of the Court

KING, Circuit Judge:

Defendant-appellant Pedro Santieste-ban-Hernandez appeals the sentence imposed by the district court upon his conviction for illegal reentry, arguing that (1) his conviction for robbery under Texas Penal Code § 29.02(a)(1) does not qualify as a crime of violence under § 2L1.2 of the Sentencing Guidelines, and (2) the application of the enhancement penalties of 8 U.S.C. § 1326(b)(1) violates his due process rights. For the following reasons, we AFFIRM.

I. FACTUAL AND PROCEDURAL BACKGROUND

Defendant-appellant Pedro Santieste-ban-Hernandez (“Santiesteban”), a Mexican citizen,…

2Cases cited13 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005
  5. United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004

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3Cited by108 opinions

  1. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  2. United States v. LockleyCourt of Appeals for the Eleventh Circuit · 2011
  3. United States v. Becerril-LopezCourt of Appeals for the Ninth Circuit · 2008
  4. United States v. EllisCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. WalkerCourt of Appeals for the Second Circuit · 2010

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

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