Legal Opinion
United States v. Olalde-Hernandez
Court of Appeals for the Fifth Circuit
Decided January 5, 2011No. 09-51097PublishedCited by 15 opinions
1Opinion of the Court
JENNIFER WALKER ELROD, Circuit Judge:
Jose Antonio Olalde-Hernandez pleaded guilty to one count of illegal reentry into the United States following deportation under 8 U.S.C. § 1326 and was sentenced to seventy months of imprisonment. He argues that his sentence was improperly enhanced because his prior Georgia conviction for child molestation was not a “crime of violence,” as the term is used in the United States Sentencing Guidelines (U.S.S.G), and that his sentence violates due process. We affirm.
I
With respect to his first argument, Olalde-Hernandez contends that the district court erred by…
2Cases cited16 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- James v. United StatesSupreme Court of the United States · 2007
- United States v. Pineda-ArrellanoCourt of Appeals for the Fifth Circuit · 2007
- United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004
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3Cited by15 opinions
- United States v. Chavez-HernandezCourt of Appeals for the Fifth Circuit · 2012
- United States v. HerreraCourt of Appeals for the Fifth Circuit · 2011
- United States v. Diaz-CoradoCourt of Appeals for the Fifth Circuit · 2011
- United States v. Eduardo Penaloza-CarlonCourt of Appeals for the Fifth Circuit · 2016
- United States v. Fredi SegoviaCourt of Appeals for the Fifth Circuit · 2014
10 more not listed; retrieve them via the Exa API.