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20 opinions for “United States v. Cervantes”
United States v. Cervantespublic domain
Case: 23-20133 Document: 87-1 Page: 1 Date Filed: 07/09/2024 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED
United States v. Cervantespublic domain
FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS July 13, 2021 Christopher M. Wolpert FOR THE TENTH
United States v. Cervantespublic domain
ORDER MONROE G. McKAY, Circuit Judge. Defendant Ezequiel Perez Cervantes pled guilty to two drug-related counts and two firearm-related counts. At sentencing, Defendant received a significant downward departure under U.S.S.G. § 5K1.1 and was sentenced to a total sentence of 111 months of imprisonment. On appeal, Defendant’s appointed counsel seeks to withdraw as counsel pursuant to Anders v. Califo
United States v. Cervantespublic domain
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.
United States v. Cervantes-Castillopublic domain
PER CURIAM: * The Federal Public Defender appointed to represent Rolando Cervantes-Castillo has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Cervantes-Castillo has not filed a response. We have reviewed counsel’s brief and the
United States v. Cervantes-Chavezpublic domain
MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendant’s Exception to *1299Pre-Sentence Report and Request for Ev-identiary Hearing, filed June 27, 2014 (Doc. 20) (“Objections”). The Court held a hearing on September 12, 2014. The primary issues are: (i) whether to apply th
United States v. Cervantespublic domain
646 F.3d 1054 (2011) UNITED STATES of America, Appellee, v. Lorena CERVANTES, Appellant. No. 10-3544. United States Court of Appeals, Eighth Circuit. Submitted: June 14, 2011. Filed: July 22, 2011. *1056 Misty Wilson Borkowski, argued, Little Rock, AR, for appellant. Anne E. Gardner, AUSA, argued, Stephani
United States v. Cervantes-Malagonpublic domain
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
United States v. Cervantespublic domain
519 F.3d 1254 (2008) UNITED STATES of America, Plaintiff-Appellee, v. Marcos A. CERVANTES, also known as Marco Antonio Cervantes, Defendant-Appellant. No. 06-4172. United States Court of Appeals, Tenth Circuit. March 24, 2008. *1255 Elizabethanne C. Stevens, Assistant United States Attorney (Brett L. Tolman, United States Attorne
United States v. Cervantes-Segurapublic domain
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
United States v. Cervantespublic domain
PER CURIAM: * Jose Roberto Cervantes appeals from his guilty plea conviction of one count of illegal reentry, in violation of 8 U.S.C. § 1326. He requests only that this court exercise its power pursuant to Fed. R. Crim P. 36 to correct an alleged clerical error in the judgment. Specifically, he alleges that the judgment of the district court misidentifies the nature of his offense as “[r]e-entry
United States v. Cervantes-Valeropublic domain
MEMORANDUM ** Abel Cervantes-Valero appeals from the 30-month sentence imposed following his guilty-plea conviction for illegal re-entry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Cervantes-Valero contends that the district court procedurally erred by: (1) failing to adequately explain the sentence;
United States v. Cervantes-Espinopublic domain
PER CURIAM: * The Federal Public Defender appointed to represent Felipe Cervantes-Espino (Cervantes) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Cervantes has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accor
United States v. Cervantes-Valeropublic domain
MEMORANDUM ** Abel Cervantes-Valero appeals from the 30-month sentence imposed following his guilty-plea conviction for illegal re-entry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Cervantes-Valero contends that the district court procedurally erred by: (1) failing to adequately explain the sentence;
United States v. Cervantespublic domain
MEMORANDUM ** Ray Cervantes appeals his guilty plea conviction for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1), his sentence pursuant to that conviction, and his conviction for possession of an unregistered firearm, in violation of 26 U.S.C. § 5861(d). We affirm. Because the parties are familiar with the factual and procedural history of this case, we need
United States v. Cervantes-Rubiopublic domain
MEMORANDUM ** Everardo Cervantes-Rubio (“Cervantes”) appeals the sentence imposed following his guilty plea to illegal reentry following removal, in violation of 8 U.S.C. § 1326. We affirm. I. The district judge properly considered Cervantes’s prior convictions in holding that the maximum potential sentence for his § 1326 conviction was twenty years, not two. The fac
United States v. Cervantes-Espinopublic domain
PER CURIAM: * The Federal Public Defender appointed to represent Felipe Cervantes-Espino (Cervantes) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Cervantes has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accor
United States v. Cervantes-Bravopublic domain
MEMORANDUM * Jesus Cervantes-Bravo appeals his sentence of ten years following his decision to plead guilty to one count of possession with intent to distribute methamphetamine. The parties are familiar with the facts of the case, so we repeat them here only to the extent necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291, and we affirm the sentence. Cervante
United States v. Cervantes-Cazarespublic domain
MEMORANDUM ** Carlos Cervantes-Cazares appeals’ his sentence and several aspects of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. The sentence imposed by the district court was neither procedurally erroneous nor substantively unreasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (“[Ojnly a procedurally erroneous or subs
United States v. Cervantes-Santanapublic domain
MEMORANDUM ** Jose Angel Cervantes-Santana appeals from the 30-month sentence imposed following his guilty-plea conviction for being an alien in the United States after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate and remand. Cervantes-Santana contends that the district court erred by assessing one criminal history poi