Legal Opinion

United States v. Miguel Perez-Silvan

Court of Appeals for the Ninth Circuit

Decided June 28, 2017No. 16-10177, 16-10205PublishedCited by 19 opinions

1Opinion of the Court

Concurrence by Judge OWENS

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether a “crime of violence” sentencing enhancement to a sentence for illegal reentry after deportation can be based on a prior Tennessee state conviction for aggravated assault.

I

Miguel Perez-Silvan, a citizen of Mexico, was charged with illegal reentry after deportation in violation of 8 U.S.C. § 1326, enhanced by § 1326(b)(2), on October 14, 2015, when he was found near Quijotoa, Arizona on September 17, 2015, following a previous deportation from the United States on August 19, 2015. On December 8, 2015,…

2Cases cited23 opinions

  1. Ashley Hunt Greenwood v. Federal Aviation AdministrationCourt of Appeals for the Ninth Circuit · 1994
  2. Smith v. MarshCourt of Appeals for the Ninth Circuit · 1999
  3. Voisine v. United StatesSupreme Court of the United States · 2016
  4. United States v. Miguel Angel Flores-PayonCourt of Appeals for the Ninth Circuit · 1991
  5. United States v. Gilberto Pimentel-FloresCourt of Appeals for the Ninth Circuit · 2003

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3Cited by19 opinions

  1. United States v. EdlingCourt of Appeals for the Ninth Circuit · 2018
  2. United States v. Eric ScottCourt of Appeals for the Third Circuit · 2021
  3. United States v. Selso OronaCourt of Appeals for the Ninth Circuit · 2019
  4. United States v. Rosendo Valdivias-SotoCourt of Appeals for the Ninth Circuit · 2024
  5. United States v. RussellCourt of Appeals for the Fifth Circuit · 2025

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

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