Legal Opinion

United States v. Mora-Garcia

Court of Appeals for the Ninth Circuit

Decided December 17, 2002No. 02-50205; D.C. No. CR-01-02074-IEGPublishedCited by 1 opinion

1Opinion of the Court

*835MEMORANDUM **

Trinidad Mora-Garcia appeals his sentence imposed following a guilty plea to illegal re-entry, 8 U.S.C. § 1326. He argues that the district court erred by relying on an invalid prior state conviction and failing to recognize that it had the discretion to depart downward. We reject these arguments and affirm.

DISCUSSION

1. Prior State Conviction

Mora-Garcia argues that the district court erred when it refused to permit him to challenge a prior state conviction that increased both his offense level and his criminal history category. Such collateral attacks on prior convictions at…

2Cases cited3 opinions

  1. Custis v. United StatesSupreme Court of the United States · 1994
  2. United States v. Robert E. Ladum Ronald D. Van Vliet Daniel Hong Echols Doyle Ford David C. Grigonis James R. WeaverCourt of Appeals for the Ninth Circuit · 1998
  3. United States v. Alejandro Martinez-MartinezCourt of Appeals for the Ninth Circuit · 2002

3Cited by1 opinion

  1. Mora-Garcia v. United StatesSupreme Court of the United States · 2003

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API