Legal Opinion
United States v. Manuel Jesus Valle-Montalbo
Court of Appeals for the Ninth Circuit
Decided February 2, 2007No. 05-50876PublishedCited by 20 opinions
1Opinion of the Court
CALLAHAN, Circuit Judge:
INTRODUCTION
Manuel Jesus Valle-Montalbo (“Valle-Montalbo”) appeals his sentence for illegal re-entry into the United States after deportation in violation of 8 U.S.C. § 1326. In particular, Valle-Montalbo challenges an enhancement of his sentence under United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) § 2L1.2(b)(l)(A) based on his prior conviction for possessing methamphetamine for sale in violation of California Health & Safety Code § 11378. We must determine whether a violation of Health & Safety Code § 11378 is a “drug trafficking offense” under §…
2Cases cited12 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. William WeilandCourt of Appeals for the Ninth Circuit · 2005
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3Cited by20 opinions
- United States v. Jorge Valdavinos-TorresCourt of Appeals for the Ninth Circuit · 2012
- United States v. SnellenbergerCourt of Appeals for the Ninth Circuit · 2007
- United States v. Michael Lee Snellenberger, AKA Michael Lee Cutter, Michael Lee Davidson, Robert Eugene Frehly, Cutter Snellenberger, "Cutter"Court of Appeals for the Ninth Circuit · 2007
- United States v. Nestor Sandoval-Sandoval, A.K.A. Hector LopezCourt of Appeals for the Ninth Circuit · 2007
- United States v. Jorge Castellon-AragonCourt of Appeals for the Fifth Circuit · 2014
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