Legal Opinion

United States v. Carvajal

Court of Appeals for the Ninth Circuit

Decided August 30, 2013No. 12-50322UnpublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM **

Jorge Carvajal appeals from the district court’s judgment and challenges the 27-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Carvajal contends that his sentence is substantively unreasonable because the prior conviction triggering an eight-level Guidelines enhancement was stale. He relies on United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir.2009), which held a 16-level enhancement unreasonable because it took no…

2Cases cited5 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Nijhawan v. HolderSupreme Court of the United States · 2009
  4. United States v. Amezcua-VasquezCourt of Appeals for the Ninth Circuit · 2009
  5. United States v. Valdovinos-MendezCourt of Appeals for the Ninth Circuit · 2011

3Cited by1 opinion

  1. Carvajal v. United StatesSupreme Court of the United States · 2014

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