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Legal Opinion

United States v. Pedro Martinez-Romero

Court of Appeals for the Fifth Circuit

Decided April 5, 2016No. 15-40246PublishedCited by 29 opinions

1Per curiam

This is a direct criminal appeal in which Appellant Pedro Martinez-rRomero (“Martinez”) challenges only his sentence. Martinez contends that the district court erred in holding that his prior conviction for attempted kidnapping constituted a crime of violence pursuant to the Sentencing Guidelines. U.S.S.G. § 2L1.2(b)(l)(A)(ii). We agree and hold that the error was not harmless. Thus, we vacate his sentence and remand for further proceedings.

I. BACKGROUND

- Martinez pleaded guilty to one count of being found in the United States without the consent of the Attorney General after having been…

2Cases cited18 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. United States v. Ibarra-LunaCourt of Appeals for the Fifth Circuit · 2010
  3. United States v. RichardsonCourt of Appeals for the Fifth Circuit · 2012
  4. United States v. Fierro-ReynaCourt of Appeals for the Fifth Circuit · 2006
  5. United States v. Gonzalez-RamirezCourt of Appeals for the Fifth Circuit · 2007

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

3Cited by29 opinions

  1. United States v. Jose Rico-MejiaCourt of Appeals for the Fifth Circuit · 2017
  2. United States v. Francisco Castro-AlfonsoCourt of Appeals for the Fifth Circuit · 2016
  3. United States v. Noe JuarezCourt of Appeals for the Fifth Circuit · 2017
  4. United States v. Aaron RedmondCourt of Appeals for the Fifth Circuit · 2020
  5. United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018

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

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