Legal Opinion

United States v. Gomez

Court of Appeals for the Fifth Circuit

Decided September 5, 2017No. 16-41152PublishedCited by 1 opinion

1Opinion of the Court

PER CURIAM:*

Defendant Luis Danery Gomez appeals the district court’s application of a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(i) (2015) to his sentence after finding that his two prior convictions under Colo. Rev. Stat. § 18-18-405(l)(a) (2012) were “drug trafficking offense[s]” under the Sentencing Guidelines. Gomez failed to preserve his objection below, so we review for plain error. Because we find that any error by the district court was not plain, we AFFIRM.

I

Gomez, a native and citizen of Honduras, pleaded guilty without a plea agreement to illegal reentry in violation of 8…

2Cases cited19 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Puckett v. United StatesSupreme Court of the United States · 2009
  5. Mathis v. United StatesSupreme Court of the United States · 2016

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3Cited by1 opinion

  1. United States v. Stephen StockmanCourt of Appeals for the Fifth Circuit · 2020

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