United States v. Alejandro Pacheco-Osuna
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge FERNANDEZ.
FERNANDEZ, Circuit Judge:
Alejandro Pacheco-Osuna pled guilty to being a deported alien found in the United States. See 8 U.S.C. § 1326(a). At sentencing, the district court departed downward because, as it said, when Pacheco was arrested he may have been stopped without good cause. The United States appealed that departure. We vacate the sentence and remand.
BACKGROUND
Pacheco was deported from this country in July of 1992. In August of 1992, he was apprehended by police from the City of Santa Fe, California, on a charge of trespassing. Pacheco did not speak English,…
2Cases cited14 opinions
- United States v. Jose Jesus Lira-BarrazaCourt of Appeals for the Ninth Circuit · 1991
- United States v. William George HowardCourt of Appeals for the Ninth Circuit · 1990
- United States of America, Plaintiff-Appellee-Cross-Appellant v. Joe Garza-Juarez and Esteban Garza-Juarez, Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Ninth Circuit · 1993
- United States v. Jane ReadCourt of Appeals for the Ninth Circuit · 1986
- United States v. Ira Marvin DickeyCourt of Appeals for the Ninth Circuit · 1991
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. Stacey C. Koon, Cross-Appellee. United States of America v. Laurence M. Powell, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1994
- United States v. Mark William Paul StauferCourt of Appeals for the Ninth Circuit · 1994
- UNITED STATES of America, Plaintiff-Appellee, v. Yvonne N. AJUGWO, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996
- United States of America, Plaintiff-Appellee-Cross-Appellant v. James Albert McClelland Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1995
- United States v. Tony JacksonCourt of Appeals for the Ninth Circuit · 2022
7 more not listed; retrieve them via the Exa API.