Legal Opinion
United States v. Leodegario Resendiz-Moreno
Court of Appeals for the Fifth Circuit
Decided January 17, 2013No. 11-51139PublishedCited by 8 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
Defendant Leodegario Resendiz-More-no (“Resendiz-Moreno”) appeals his sentence imposed by the district court after pleading guilty to illegal reentry into the United States. He contends the district court erroneously enhanced his sentence based on his conviction under Georgia Code § 16-5-70(b), which the court concluded was a crime of violence. Because the statute under which Resendiz-Moreno was convicted does not require a showing of physical force, we VACATE the sentence and REMAND for resentencing.
I
In 2011, Resendiz-Moreno pleaded guilty to one charge of…
2Cases cited9 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004
- United States v. BonillaCourt of Appeals for the Fifth Circuit · 2008
- United States v. Vargas-DuranCourt of Appeals for the Fifth Circuit · 2003
- Brewton v. StateSupreme Court of Georgia · 1996
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
- United States v. ScottCourt of Appeals for the Second Circuit · 2021
- United States v. Baez-MartinezCourt of Appeals for the First Circuit · 2020
- United States v. Anthony MayoCourt of Appeals for the Third Circuit · 2018
- United States v. Phillip ThomasCourt of Appeals for the Seventh Circuit · 2022
3 more not listed; retrieve them via the Exa API.