United States v. Landaverde-Leon

Type

Opinion

Per curiam

Yes — no individual author

Filed

June 21, 2022

Case

United States v. Landaverde-Leon

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

Case: 21-40808 Document: 00516364561 Page: 1 Date Filed: 06/21/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 21, 2022 No. 21-40808 Lyle W. Cayce Summary Calendar Clerk United States of America, Plaintiff—Appellee, versus Jose Rudes Landaverde-Leon, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 2:21-CR-556-1 Before Jolly, Willett, and Engelhardt, Circuit Judges. Per Curiam:* Jose Rudes Landaverde-Leon pleaded guilty to illegal reentry in violation of 8 U.S.C. §§ 1326(a) and (b)(2). Citing Borden v. United States, 141 S. Ct. 1817 (2021), Landaverde-Leon contends that he should not have * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-40808 Document: 00516364561 Page: 2 Date Filed: 06/21/2022 No. 21-40808 been convicted and sentenced under § 1326(b)(2) based on a 2009 Texas robbery conviction because that offense was not an aggravated felony. Borden held that offenses with a mens rea of recklessn…

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