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Legal Opinion

United States v. Fierro-Reyna

Court of Appeals for the Fifth Circuit

Decided September 29, 2006No. 05-51198PublishedCited by 59 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Sergio Armando Fierro-Reyna pleaded guilty of illegal reentry after deportation in violation of 8 U.S.C. § 1326. He challenges his sentence. We vacate and remand for resentencing.

I

The issue is the impact on Fierro-Reyna’s sentence of his 1979 Texas conviction of aggravated assault of a police officer. The presentence investigation report (“PSR”) recommended a base offense level of 8, pursuant to U.S.S.G. § 2L1.2(a), and subtracted three levels for acceptance of responsibility. The PSR recommended that the 1979 conviction be treated as a “crime of violence” under…

2Cases cited9 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. United States v. Juan Raul Izaguirre-FloresCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. Bulmaro Rayo-Valdez, AKA Bulmaro Valdez RayoCourt of Appeals for the Fifth Circuit · 2002
  5. United States v. Vargas-DuranCourt of Appeals for the Fifth Circuit · 2003

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3Cited by59 opinions

  1. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013
  2. United States v. Palomino GarciaCourt of Appeals for the Eleventh Circuit · 2010
  3. United States v. BonillaCourt of Appeals for the Fifth Circuit · 2008
  4. United States v. EllisCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. Efren Villegas-HernandezCourt of Appeals for the Fifth Circuit · 2006

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

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