Cases

EDWARD C. PRADO, Circuit Judge, dissenting. Because this border-patrol stop occurred more than 200 miles from the U.S. — Mexico border based on little more than innocuous, safe, lawful driving behavior, I respectfully dissent. Cervantes was driving his five-seat Chevrolet Trailblazer SUV eastbound with five passengers at 8:30 a.m. on a Wednesday morning. When border patrol drove up behind him, he changed lanes

JERRY E. SMITH, Circuit Judge: The district court found Roberto Cervantes-Nava guilty of illegally re-entering the United States in violation of 8 U.S.C. § 1326 and imposed an increase of sixteen in his base offense level for a driving while intoxicated (“DWI”) conviction. Because, in this criminal case, the federal courts cannot alter the derivative citizenship requirements of

MULLINS, J. Following a conditional plea of nolo contendere, entered pursuant to General Statutes § 54-94a, 1 the defendant, Marcelo Cervantes, appeals from the judgment of conviction of sexual assault in the first degree in violation of General Statutes § 53a-70(a)(1) and home invasion in violation of General

PREtrial Order No. 13 Regarding Rule 404 (b), H. Cervantes’s Motions in Li-mine Nos. 10 and 11, and Larez’s Motion in Limine No. 5 Re: Dkt. Nos. 827, 838, 839 YVONNE GONZALEZ ROGERS, UNITED STATES DISTRICT COURT JUDGE Pending before the Court is Defendant Henry Cervantes’s (“H. Cervantes”) motion in limine number 10 to exclude noticed Rule 404(b) evidence (Docket No. 888), H.

PER CURIAM: * Jovany Cervantes-Malagon pleaded guilty conditionally to illegal reentry after deportation in violation of 8 U.S.C. § 1326, reserving the right to appeal the denial of his motion to suppress. In his motion to suppress, Cervantes-Malagon argued that the stop of his vehicle was unconstitutional, and he asked the district court to suppress evidence of his identity, including all verbal

PER CURIAM: * Vicente Cervantes-Segura (Cervantes) appeals the sentence imposed following his conviction of unlawful reentry pursuant to 8 U.S.C. § 1326. Cervantes contends that the district court erred by imposing a 16-level crime of violence enhancement based on his prior Texas conviction of indecency by contact with a child under 17 years of age, a violation of Texas Penal Code § 21.11(a)(1). He a

PER CURIAM: * Appealing the Judgment in a Criminal Case, Guadalupe Soto-Cervantes raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007

PER CURIAM: * Appealing the Judgment in a Criminal Case, Pedro Cervantes-Ramirez raises arguments that are foreclosed by Almendarez-Toires v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007)

PER CURIAM: * Appealing the Judgment in a Criminal Case, Edmundo Cervantes-Morales raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRAN

504 F.3d 576 (2007) UNITED STATES of America, Plaintiff-Appellee, v. Jorge CERVANTES-BLANCO, Defendant-Appellant. No. 06-50738. United States Court of Appeals, Fifth Circuit. October 12, 2007. *577 Joseph H. Gay, Jr., Mark Randolph Stelmach, Asst. U.S. Attys., Angela S. Raba (argued), San Antonio, TX, for U.S. Judy Fulmer

PER CURIAM: * Appealing the Judgment in a Criminal Case, Guillermo Estrada-Cervantes raises *486arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Govern

PER CURIAM: * Appealing the Judgment in a Criminal Case, Jesus Manuel Contreras-Cervantes raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirman

PER CURIAM: * Jorge Cervantes-Bianco appeals his guilty-plea conviction and sentence for ille*876gal reentry following deportation in violation of 8 U.S.C. § 1326. He challenges the constitutionality of 8 U.S.C. § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense

MEMORANDUM *** Juan Ceja-Cervantes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ decision denying his application for cancellation of removal. Ceja’s application was initially rejected by an Immigration Judge on the ground that he had not established that his removal would constitute an “exceptional and extremely unusual hardship,” as required by 8 U.S.C. § 1229

PER CURIAM.* Roberto Cervantes-Nava appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Cervantes com*18plains that his sentence was improperly-enhanced pursuant to 8 U.S.C. § 1326(b) based on a prior conviction. He argues that the sen

OPINION OF THE COURT VAN ANTWERPEN, Circuit Judge. Appellant Bryan M. Santini appeals from two final decisions of the District Court for the District of New Jersey: (1) its September 18, 2013 decision granting summary judgment against him and (2) its May 6, 2014 decision denying his motion seeking reconsideration of the court’s September decision.

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued December 12, 2022 Decided April 7, 2023 No. 22-3038 UNITED STATES OF AMERICA, APPELLANT v. JOSEPH W. FISCHER, APPELLEE Consolidated with 22-3039, 22-3041 Appeals from the United States District Court for the District of Columb

249 P.3d 1243 (2009) 2011-NMCA-016 Fred A. D'ANTONIO, Plaintiff-Appellant, v. Charles L. CROWDER, Defendant-Appellee. No. 27,800. Court of Appeals of New Mexico. July 24, 2009. *1244 Jane B. Yohalem, Santa Fe, NM, T.O. Gilstrap, Jr., P.C., T.O. Gilstrap, Jr., S. Clark Harmonson, El Paso, TX, for Appellant.

Petition denied by published opinion. Judge AGEE wrote the opinion, in which Judge DUNCAN and Judge DIAZ joined. AGEE, Circuit Judge: Petitioner Noel Joseph Menor Regis entered the United States in 2007 on a K-2 visa as the minor child of his mother, a nonimmigrant fiancée K-l visa holder. After his mother married the U.S. citizen who had petitioned for the fa

799 S.W.2d 111 (1990) Leonard P. CERVANTES, Plaintiff-Appellant, v. Agnes RYAN, Personal Representative for the Estate of Charles Ryan, and Ralston Purina Company, Defendants-Respondents-Cross-Appellants. Nos. 55915, 55916 and 56005. Missouri Court of Appeals, Eastern District, Division Two. September 11, 1990.[1] Motion for Rehearing and/or Transfer