What federal law applies to the sentencing of a man convicted of a violent crime under the Immigration and Nationality Act?

MultiRegion, United States of America

The following excerpt is from United States v. Mendez-Sosa, No. 13-10664 (9th Cir. 2015):

As to which federal law applies, the district court correctly concluded that Chapter Four of the sentencing guidelines, and not the Immigration and Nationality Act, provides the proper definition of "conviction" for purposes of the 16-level sentencing enhancement. Cf. United States v. Pimentel-Flores, 339 F.3d 959, 963-64 (9th Cir. 2003) (in the context of sentencing enhancements, the guideline definition of "crime of violence" governs if "the guideline definition is different from the statutory definition of that phrase," because "[e]ach definition works well within its respective regime").

Page 6

Other Questions


What federal and federal law applies to the sentencing of a man convicted of a violent crime committed under the Immigration and Nationality Act? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his sentence? (MultiRegion, United States of America)
Does the 9th Circuit have jurisdiction to hear a claim that a federal district court abused its discretion by sentencing a convicted criminal to a reduced sentence based on his criminal conviction? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
What is the test for a federal court to grant relief to a convicted criminal defendant who has been convicted and sentenced in a federal civil case? (MultiRegion, United States of America)
Can a petitioner seek federal habeas relief from a conviction or sentence from a state-court conviction and sentence? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Does Section 3553(c) of the Sentencing Guidelines apply in the context of sentencing of an individual with a history of violent crime? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his confinement in a state prison? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.