· 8/31/2006
United States v. Jose Covian-Sandoval
Citations
- 462 F.3d 1090
- 2006 U.S. App. LEXIS 22467
- 2006 WL 2506408
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that if the removal subsequent to a prior conviction is admitted, no Apprendi violation occurs
- holding that the date of a prior removal is not within the exception for judicial findings of a prior conviction identified in Apprendi
- finding that, although the enhancement of the defendant’s sentence, based on the district court’s factual finding of a subsequent removal, constituted plain error, relief was not warranted under the plain error standard
- affirming a sixteen-level sentence enhancement where the defendant failed to raise a reasonable doubt as to the fact of prior deportation
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Hawkins, Paez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.