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Legal Opinion

United States v. Jose Gerezano-Rosales

Court of Appeals for the Fifth Circuit

Decided August 27, 2012No. 11-50185PublishedCited by 45 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Jose Ramon Gerezano-Rosales (“Gerezano”) appeals his non-Guidelines sentence of 108 months of imprisonment for illegal reentry. We VACATE Gerezano’s sentence and REMAND for resentencing.

I

Gerezano pleaded guilty to an indictment charging him with illegal reentry. See 8 U.S.C. §§ 1326(a) & (b). . The presentence report (“PSR”) calculated an advisory Guidelines range of imprisonment of 57-71 months. At sentencing, the district court adopted the PSR’s calculation of the Guidelines range. After giving Gerezano the opportunity to allocute, the district court orally…

2Cases cited13 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. United States v. Pineda-ArrellanoCourt of Appeals for the Fifth Circuit · 2007
  4. United States v. Mondragon-SantiagoCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. SmithCourt of Appeals for the Fifth Circuit · 2006

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3Cited by45 opinions

  1. United States v. Joseph Vincent JenkinsCourt of Appeals for the Second Circuit · 2017
  2. United States v. Peter HoffmanCourt of Appeals for the Fifth Circuit · 2018
  3. United States v. Andre HarrisCourt of Appeals for the Fifth Circuit · 2014
  4. United States v. CooksonCourt of Appeals for the Tenth Circuit · 2019
  5. United States v. David WalshCourt of Appeals for the Seventh Circuit · 2022

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

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