Legal Opinion

United States v. MacIel-vasquez

Court of Appeals for the Ninth Circuit

Decided August 16, 2006No. 19-55181PublishedCited by 75 opinions

1Opinion of the Court

GOULD, Circuit Judge.

Mario Maciel-Vasquez (“Maciel”) appeals his sentence, which was imposed after his plea of guilty to one count of violation of 8 U.S.C. § 1326. Maciel contends that his sentence is unreasonable under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), that 8 U.S.C. § 1326 is unconstitutional, and that the district court committed plain error when it imposed several conditions of supervised release.1

First, we consider the alleged Booker error.2 Maciel argues that his sentence of 36 months is unreasonable under Booker. Maciel concedes that the…

2Cases cited17 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  4. Johnson v. United StatesSupreme Court of the United States · 1997
  5. United States v. William WeilandCourt of Appeals for the Ninth Circuit · 2005

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

3Cited by75 opinions

  1. United States v. David Martinez-RodriguezCourt of Appeals for the Ninth Circuit · 2007
  2. United States v. BettsCourt of Appeals for the Ninth Circuit · 2007
  3. United States v. CroweCourt of Appeals for the Ninth Circuit · 2009
  4. United States v. Jose A. Tejeda, United States of America v. Daniel L. DropikCourt of Appeals for the Seventh Circuit · 2007
  5. United States v. VegaCourt of Appeals for the Ninth Circuit · 2008

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

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