Legal Opinion

United States v. Juarez-Galvan

Court of Appeals for the Tenth Circuit

Decided July 20, 2009No. 08-3211PublishedCited by 10 opinions

1Opinion of the Court

TACHA, Circuit Judge.

Defendant-Appellant Audon JuarezGalvan appeals his fifty-seven-month sentence for unlawful re-entry after deportation for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). He argues that the district court erred in applying a sixteen-level enhancement under United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) § 2L1.2(b)(l)(A)(ii) because neither of his California convictions for kidnapping and robbery qualifies as a “crime of violence.” We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). Finding no plain error, we AFFIRM.

I.…

2Cases cited17 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. United States v. Becerril-LopezCourt of Appeals for the Ninth Circuit · 2008
  3. United States v. Zubia-TorresCourt of Appeals for the Tenth Circuit · 2008
  4. United States v. Zuniga-SotoCourt of Appeals for the Tenth Circuit · 2008
  5. United States v. Perez-VargasCourt of Appeals for the Tenth Circuit · 2005

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3Cited by10 opinions

  1. United States v. MikeCourt of Appeals for the Tenth Circuit · 2011
  2. United States v. StoryCourt of Appeals for the Tenth Circuit · 2011
  3. United States v. Garcia-CaraveoCourt of Appeals for the Tenth Circuit · 2009
  4. United States v. Rivera-OrosCourt of Appeals for the Tenth Circuit · 2009
  5. United States v. CastilloCourt of Appeals for the Tenth Circuit · 2015

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

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