Legal Opinion
United States v. Treto-Martinez
Court of Appeals for the Tenth Circuit
Decided September 7, 2005No. 04-1185PublishedCited by 26 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
Having pled guilty to unlawful reentry by a deported alien removed subsequent to commission of an aggravated felony, Pablo Treto-Martinez contests his sentence and requests resentencing in light of United States v. Booker, - U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). At issue is whether his prior conviction in Kansas for aggravated battery against a law enforcement officer constitutes a “crime of violence” under U.S.S.G. § 2L1.2(b)(l)(A) or an “aggravated felony” under U.S.S.G. § 2L1.2(b)(l)(C). The district court found that Treto-Martinez’s prior conviction met the…
2Cases cited11 opinions
- United States v. BookerSupreme Court of the United States · 2004
- United States v. OlanoSupreme Court of the United States · 1993
- United States v. CottonSupreme Court of the United States · 2002
- United States v. Gonzalez-HuertaCourt of Appeals for the Tenth Circuit · 2005
- United States v. Trujillo-TerrazasCourt of Appeals for the Tenth Circuit · 2005
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. GrajedaCourt of Appeals for the Ninth Circuit · 2009
- United States v. Zuniga-SotoCourt of Appeals for the Tenth Circuit · 2008
- United States v. Ramon SilvaCourt of Appeals for the Tenth Circuit · 2010
- United States v. DominguezCourt of Appeals for the Fifth Circuit · 2007
- United States v. VelascoCourt of Appeals for the Fifth Circuit · 2006
21 more not listed; retrieve them via the Exa API.