Legal Opinion

United States v. Pascual Ortiz-Delgado

Court of Appeals for the Eleventh Circuit

Decided June 7, 2006No. 05-15466PublishedCited by 17 opinions

Non-Argument Calendar.

1Opinion of the Court

MARCUS, Circuit Judge:

Pascual Ortiz-Delgado appeals his 60-month sentence which was imposed after he pled guilty to one count of unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1326(a) and (b)(2). On appeal, he argues that the district court erred at sentencing by applying a 16-level enhancement, pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii), based on his prior deportation following convictions for felony crimes of violence, that is, attempted lewd acts upon a child and lewd acts upon a child, in violation of CaLPenal Code § 288. He also argues that his sentence is unreasonable…

2Cases cited16 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. United States v. John Kevin TalleyCourt of Appeals for the Eleventh Circuit · 2005
  4. United States v. David William ScottCourt of Appeals for the Eleventh Circuit · 2005
  5. United States v. Rafael Baron-MedinaCourt of Appeals for the Ninth Circuit · 1999

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3Cited by17 opinions

  1. United States v. Vega-CastilloCourt of Appeals for the Eleventh Circuit · 2008
  2. United States v. Medina-VillaCourt of Appeals for the Ninth Circuit · 2009
  3. ESQUIVEL-QUINTANABoard of Immigration Appeals · 2015
  4. United States v. William Homero Cortes-SalazarCourt of Appeals for the Eleventh Circuit · 2012
  5. Marken Leger v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2024

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