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· 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 CourtListener

Sourced 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.