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No. 8690704
United States Court of Appeals for the Ninth Circuit
United States v. Cuba-Huerta
No. 8690704 · Decided November 4, 2008
No. 8690704·Ninth Circuit · 2008·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 4, 2008
Citation
No. 8690704
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Emilio Cuba-Huerta appeals from the 37-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. *632 Cuba-Huerta contends that the district court erred by applying a 16-level enhancement for a prior crime of violence, pursuant to U.S.S.G. § 2L1.2(b)(l)(A), because the sentence for his prior conviction was less than one year. This contention is foreclosed. See United States v. Pimentel-Flores, 339 F.3d 959, 963-64 (9th Cir. 2003). We reject Cuba-Huerta’s contention that Pimentelr-Flores is no longer good law in light of United States v. FigueroaOcampo, 494 F.3d 1211 (9th Cir.2007). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Emilio Cuba-Huerta appeals from the 37-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C.
Key Points
01MEMORANDUM ** Emilio Cuba-Huerta appeals from the 37-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C.
02*632 Cuba-Huerta contends that the district court erred by applying a 16-level enhancement for a prior crime of violence, pursuant to U.S.S.G.
03§ 2L1.2(b)(l)(A), because the sentence for his prior conviction was less than one year.
04We reject Cuba-Huerta’s contention that Pimentelr-Flores is no longer good law in light of United States v.
Frequently Asked Questions
MEMORANDUM ** Emilio Cuba-Huerta appeals from the 37-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C.
FlawCheck shows no negative treatment for United States v. Cuba-Huerta in the current circuit citation data.
This case was decided on November 4, 2008.
Use the citation No. 8690704 and verify it against the official reporter before filing.