Legal Opinion

United States v. Estrada

Court of Appeals for the Eleventh Circuit

Decided February 24, 2016No. 15-12178Published

1Per curiam

This is Defendant Rudy Estrada’s second appeal of his sentence following his guilty plea to illegal re-entry after being deported subsequent to an aggravated felony conviction, in violation of 8 U.S.C. § 1326(a) and (b)(2). In his first appeal, we vacated Defendant’s 48-month sentence and remanded for resentencing because the district court erred by applying a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii).1 United States v. Estrada, 777 F.3d 1318, 1322-23 (11th Cir.2015). On remand, the district court imposed a 41-month sentence. Defendant now appeals that sentence and argues…

2Cases cited13 opinions

  1. Jones v. United StatesSupreme Court of the United States · 1999
  2. United States v. PughCourt of Appeals for the Eleventh Circuit · 2008
  3. United States v. Jose Manuel CandelarioCourt of Appeals for the Eleventh Circuit · 2001
  4. United States v. Walter Henry Vandergrift, Jr.Court of Appeals for the Eleventh Circuit · 2014
  5. United States v. GhertlerCourt of Appeals for the Eleventh Circuit · 2010

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