Legal Opinion

United States v. Montepeque-Peralta

Court of Appeals for the Ninth Circuit

Decided September 13, 2006No. 05-50385Published

1Opinion of the Court

MEMORANDUM **

Jaime Enrique Montepeque-Peralta (“Montepeque”) appeals his sentence following a judgment and conviction for violation of 8 U.S.C. § 1326, being a deported alien found in the United States. In a previous appeal, we concluded that the district court “clearly erred when it denied [an] additional reduction for timely acceptance of responsibility” without first determining whether the government meaningfully prepared for trial prior to Montepeque’s notice of intent to plead guilty. See United States v. Montepeque-Peralta, 116 Fed.Appx. 853 (9th Cir.2004) (unpublished disposition). We…

2Cases cited8 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. United States v. Jesus Adrian Beng-SalazarCourt of Appeals for the Ninth Circuit · 2006
  4. United States v. Jose Covian-SandovalCourt of Appeals for the Ninth Circuit · 2006
  5. United States v. Luis Manuel Rodriguez-LaraCourt of Appeals for the Ninth Circuit · 2005

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