Legal Opinion

United States v. Palomino Garcia

Court of Appeals for the Eleventh Circuit

Decided May 21, 2010No. 09-10534PublishedCited by 118 opinions

1Opinion of the Court

MARTIN, Circuit Judge:

Luis Palomino Garcia appeals his conviction and 70-month sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326(a). He argues that his prosecution was barred altogether by the statute of limitations. Failing that, he argues that he was sentenced improperly in several ways. He says that his sentence was wrongly enhanced because his prior Arizona conviction for aggravated assault is not a “crime of violence” under the Sentencing Guidelines; that his sentence is unreasonable; and that the government’s failure to allege in the indictment or prove…

2Cases cited44 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Johnson v. United StatesSupreme Court of the United States · 2010
  5. Leocal v. AshcroftSupreme Court of the United States · 2004

39 more not listed; retrieve them via the Exa API.

3Cited by118 opinions

  1. United States v. CastlemanSupreme Court of the United States · 2014
  2. United States v. Delfino De Leon-RamirezCourt of Appeals for the Fourth Circuit · 2019
  3. United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
  4. Michael Turner v. Warden Coleman FCI (Medium)Court of Appeals for the Eleventh Circuit · 2013
  5. United States v. LockleyCourt of Appeals for the Eleventh Circuit · 2011

113 more not listed; retrieve them via the Exa API.

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