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Legal Opinion

United States v. Gomez-Herrera

Court of Appeals for the Fifth Circuit

Decided April 4, 2008No. 07-10153PublishedCited by 291 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

Pedro Gomez-Herrera pleaded guilty to one count of illegal reentry following removal pursuant to 8 U.S.C. § 1326. In this appeal, he argues primarily that Kimbrough v. United States, —U.S. -, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), requires that this court vacate his sentence and remand his case for resentencing in light of that decision. For the following reasons, we disagree and affirm.

I

Pedro Gomez-Herrera pleaded guilty to one count of illegal reentry following removal. According to the presentence report (PSR), Gomez-Herrera was born in Mexico in 1952 but…

2Cases cited24 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Gall v. United StatesSupreme Court of the United States · 2007
  4. Rita v. United StatesSupreme Court of the United States · 2007
  5. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990

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3Cited by291 opinions

  1. United States v. Mondragon-SantiagoCourt of Appeals for the Fifth Circuit · 2009
  2. United States v. Gilbert IsgarCourt of Appeals for the Fifth Circuit · 2014
  3. United States v. Campos-MaldonadoCourt of Appeals for the Fifth Circuit · 2008
  4. United States v. DuarteCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. Lopez-VelasquezCourt of Appeals for the Fifth Circuit · 2008

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

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