Legal Opinion
United States v. Jesus Rhadames Deleon-Rodriguez, Jesus Rhadames Deleon-Rodriguez
Court of Appeals for the Third Circuit
Decided November 30, 1995No. 18-3662PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
The central issue in this criminal appeal is whether 8 U.S.C. § 1326(b)(2) makes a prior conviction for an aggravated felony an element of the offense, requiring proof for conviction, or whether it is a penalty enhancement provision under 8 U.S.C. § 1326(a), which sets forth the elements of the offense.
I
On May 14, 1990, Jesus Rhadames De-Leon-Rodriguez, a citizen of the Dominican Republic, was convicted of delivery of cocaine in the Court of Common Pleas of Berks County, Pennsylvania and sentenced to eighteen to sixty months imprisonment. As a result…
2Cases cited14 opinions
- United States v. ForbesCourt of Appeals for the First Circuit · 1994
- United States v. CrawfordCourt of Appeals for the Fourth Circuit · 1994
- United States v. Morris Zudick, and Pauline ZudickCourt of Appeals for the Third Circuit · 1975
- United States v. Jose Gonzalez-Medina, United States of America v. Oscar A. Jaquez-Velasquez, United States of America v. Ricardo Reyes-CarrilloCourt of Appeals for the Ninth Circuit · 1992
- United States v. Carlos Campos-Martinez AKA Carlos Martinez-CamposCourt of Appeals for the Ninth Circuit · 1992
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- United States v. AsiborCourt of Appeals for the Fifth Circuit · 1997
- United States v. Larry Boone, United States of America v. Thomas Weston, AKA Rasul Thomas Weston, United States of America v. Thomas Weston, AKA RasulCourt of Appeals for the Third Circuit · 2002
- United States v. Lisa ThomasCourt of Appeals for the Third Circuit · 2002
- United States v. Angelo P. CeccaraniCourt of Appeals for the Third Circuit · 1996
22 more not listed; retrieve them via the Exa API.