Legal Opinion
United States v. Vicente Alvarez-Hernandez
Court of Appeals for the Ninth Circuit
Decided February 28, 2007No. 06-10284PublishedCited by 23 opinions
1Opinion of the Court
BYBEE, Circuit Judge:
DefendanL-Appellant Vicente Alvarez-Hernandez (“Appellant”) appeals his sentence for being an illegal alien found in the United States following deportation. Appellant argues that the district court’s determination that he had previously been “convicted for a felony drug trafficking offense for which the sentence imposed was 13 months, or less,” U.S.S.G. § 2L1.2(b)(l)(B), was erroneous due to a 2003 amendment to the Sentencing Guidelines’ authoritative commentary. That amendment’s effect is a question of first impression in this circuit. For the reasons set forth below,…
2Cases cited34 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Lorillard v. PonsSupreme Court of the United States · 1978
- Bragdon v. AbbottSupreme Court of the United States · 1998
- Todd Hiivala v. Tana WoodCourt of Appeals for the Ninth Circuit · 1999
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3Cited by23 opinions
- United States v. TreadwellCourt of Appeals for the Ninth Circuit · 2010
- Karen Logan v. Us Bank National AssociationCourt of Appeals for the Ninth Circuit · 2013
- In re: Benjamin Moonkang HuhUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Rodriguez v. Sony Computer Entertainment America, LLCCourt of Appeals for the Ninth Circuit · 2015
- United States v. Rodriguez-ParraCourt of Appeals for the Fifth Circuit · 2009
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