Legal Opinion

United States v. Ernesto Rivas-Gonzalez

Court of Appeals for the Ninth Circuit

Decided April 22, 2004No. 03-30167PublishedCited by 8 opinions

1Opinion of the Court

GOULD, Circuit Judge:

The United States appeals a decision of the district court to depart downward by eight levels in sentencing an alien who was charged with illegal reentry after having been previously removed. We have jurisdiction under 18 U.S.C. § 1291 and we reverse.

I

Ernesto Rivas-Gonzalez (“Rivas”) is a forty-five year old Mexican national who first entered the United States illegally in 1979 at age twenty-one. On January 8, 1993, almost fifteen years after his first illegal entry, he was sentenced in state court in Yakima, Washington, to a prison term of one year and one day on a…

2Cases cited13 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. United States v. Villamonte-MarquezSupreme Court of the United States · 1983
  3. United States v. James Daychild, United States of America v. Patrick O. NeissCourt of Appeals for the Ninth Circuit · 2004
  4. UNITED STATES of America, Plaintiff-Appellee, v. Michael Devon LIPMAN, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
  5. United States v. Carlton Wilfred WebsterCourt of Appeals for the Ninth Circuit · 1993

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3Cited by8 opinions

  1. United States v. Alvaro Plancarte-Alvarez, United States of America v. Alvaro Plancarte-AlvarezCourt of Appeals for the Ninth Circuit · 2004
  2. United States v. Ernesto Rivas-GonzalezCourt of Appeals for the Ninth Circuit · 2004
  3. United States v. Juan Humberto Tzoc-SierraCourt of Appeals for the Ninth Circuit · 2004
  4. Rivas-Gonzalez v. United StatesSupreme Court of the United States · 2005
  5. United States v. Ernesto Rivas-GonzalezCourt of Appeals for the Ninth Circuit · 2004

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