Legal Opinion

United States v. Ortiz-Gonzalez

District Court, S.D. Texas

Decided September 6, 2013No. Cr. No. B-13-285Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ANDREW S. HANEN, District Judge.

The Court is faced with Defendant’s objection to the Pre-sentence Investigation Report (“PSR”) prepared by the United States Probation Office. The PSR, as filed with the Court, included a sixteen-point sentencing enhancement to the level eight base offense pursuant to United States Sentencing Guideline § 2L1.2(b)(l)(A)(ii). The basis of the enhancement is Defendant’s prior conviction of robbery under Virginia law, which the PSR designated as a crime of violence. For the reasons below, Defendant’s objection to the sixteen-point…

2Cases cited23 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  3. United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004
  4. United States v. Pedro Santiesteban-HernandezCourt of Appeals for the Fifth Circuit · 2006
  5. United States v. Donald Lee PresleyCourt of Appeals for the Fourth Circuit · 1995

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