Legal Opinion

United States v. Martinez-Garcia

Court of Appeals for the Fifth Circuit

Decided October 27, 2010No. 09-20587PublishedCited by 3 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

This appeal solely concerns a sentence enhancement. The issue is whether the defendant’s prior conviction under Georgia law was for a crime of violence. We conclude that it was and AFFIRM.

I. Statement of Facts

Rene Martinez-Gareia pled guilty to illegal reentry into the United States after being deported following a conviction for an aggravated felony. The Presentence Report (“PSR”) assigned a base offense level of eight. A 16-level enhancement was applied due to a 2002 conviction for burglary in Georgia, which the PSR recommended be classified as a crime of…

2Cases cited10 opinions

  1. United States v. Murillo-LopezCourt of Appeals for the Fifth Circuit · 2006
  2. United States v. Roberto Lopez-Urbina Raul Badillo-RangelCourt of Appeals for the Fifth Circuit · 2005
  3. United States v. Gonzalez-TerrazasCourt of Appeals for the Fifth Circuit · 2008
  4. United States v. Luis Mendoza-SanchezCourt of Appeals for the Fifth Circuit · 2006
  5. Daniels v. StateSupreme Court of Georgia · 1886

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

3Cited by3 opinions

  1. United States v. Nathan E. GundyCourt of Appeals for the Eleventh Circuit · 2016
  2. United States v. Riscajche-SiquinaDistrict Court, S.D. Texas · 2014
  3. United States v. Nathan E. GundyCourt of Appeals for the Eleventh Circuit · 2016

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