Cases

BLACK, Circuit Judge: We address two Sentencing Guidelines issues which are questions of first impression in this Circuit. First, Jose and Li-sandra Cruz assert the district court erred in enhancing their sentences under U.S.S.G. § 2Bl.l(b)(10), 1 for the use or possession of device-making equipment as they were already

PER CURIAM.* Cayetano Garcia-Rubio 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. Garcia-Rubio contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offe

SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED. Defendant Maynor Vasquez-Rubio appeals from a judgment of conviction and sentence imposed in the United States District Court for the Northern District of New York (Mordue, /.) based on his guilty plea to illegally reentering the Umted States in violation of 8 U.S.C. § 132

276 S.W.3d 518 (2008) Fernando LANCON, Appellant, v. The STATE of Texas, Appellee. No. 04-05-00164-CR. Court of Appeals of Texas, San Antonio. November 12, 2008. *519 J. Eduardo Pena, Laredo, TX, for Appellant. Jose M. Rubio, Jr., Webb County District Attorney, Laredo, TX, for Appellee. Sitting: PHYLIS J. SPEEDLIN,

220 S.W.3d 57 (2006) Fernando LANCON, Appellant, v. The STATE of Texas, Appellee. No. 04-05-00164-CR. Court of Appeals of Texas, San Antonio. December 27, 2006. *58 J. Eduardo Pena, Laredo, for appellant. Jose M. Rubio, Jr., Webb County Dist. Atty., Laredo, for appellee. Sitting: SARAH B. DUNCAN, Justice, PHYLIS J.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 464 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 465 OPINION On January 15, 2005, Webb County Sheriff's Department deputies discovered the

Third District Court of Appeal State of Florida Opinion filed October 12, 2022. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D20-0809 Lower Tribunal No. 12-41665 ________________ Alain Martin, etc., Appellant,

135 S.W.3d 1 (2004) Ex parte Jose Garcia BRISENO, Applicant. No. 29819-03. Court of Criminal Appeals of Texas. February 11, 2004. *2 Richard H. Burr, Leggett, for Appellant. Jose M. Rubio, Jr., DA, Laredo, Matthew Paul, State's Attorney, Austin, for State. *3 ORDER

Third District Court of Appeal State of Florida Opinion filed August 2, 2023. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D22-1720 Lower Tribunal No. 19-6082 ________________ Nancy Rubio, Appellant,

110 S.W.3d 155 (2003) The STATE of Texas, Appellant, v. Oscar F. GUERRERO, Appellee. No. 04-02-00401-CR. Court of Appeals of Texas, San Antonio. April 30, 2003. Rehearing Overruled May 20, 2003. *157 Jose M. Rubio, Jr., Webb County Dist. Atty., Raul A. Martinez, Linda Garza, Asst. Dist. Attys., Laredo, for State.

Guadalupe Ricardo Tenorio ("Tenorio") contends that the trial court erred in amending the information charging him with failing to stop and give information after Tenorio had entered his guilty plea. The original information alleged that Tenorio failed to give information after he was involved in an accident resulting in damage to another vehicle. The amended information added that the damages resulted in a pecuniary loss of $200 or more, reclassifying the offense from a class C misde

COX, Circuit Judge: Jose Ivan Duarte-Acero, a Colombian citizen, was indicted in 1982 for conspiring to murder two Drug Enforcement Administration (“DEA”) agents engaged in the performance of their official duties and for related offenses. In 1997, Duarte was finally apprehended in Ecuador and brought to the Southern District of Florida for trial. He was tried, convicted, and

Third District Court of Appeal State of Florida Opinion filed August 30, 2017. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-290 Lower Tribunal No. 12-41665 ________________ Hortensia Martin, et al.,

OPINION LÓPEZ, Justice. Teodulo Venegas, Jr., was convicted in Cause No. K-96-00390-D3 for aggravated sexual assault and a jury sentenced him to life in prison. He was also convicted in Cause No. K-96-00125-D3 for indecency with a child and sentenced by the jury to 20 years confinement. Venegas raises three issues to appeal these convictions.

955 S.W.2d 325 (1997) Ex parte Antonio J. PENA. No. 04-97-00310-CR. Court of Appeals of Texas, San Antonio. July 23, 1997. Rehearing Overruled September 18, 1997. Discretionary Review Refused February 4, 1998. *326 Richard J. Gonzalez, Laredo, for Appellant. Jose M. Rubio, Jr., Webb County Dist. A

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 62 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 63 REVERSED AND REMANDED Antonio Aguilera ("Aguilera") was found guilty by a jury of three counts of indecency with a c

OPINION AND ORDER JUAN M. PEREZ-GIMENEZ, SENIOR UNITED STATES DISTRICT JUDGE Before the court is co-defendants Limar-is Cruz-Velez, Sergio Rubio-Paredes and Emilio Arill-Garcia’s motion in limine (Docket No. 162). For the reasons set forth below, the court GRANTS IN PART the co-defendants’ motion. I. BACKGROUND On May 5, 2016, co-defendants police officer Limaris Cruz

951 S.W.2d 11 (1997) Jaime Gonzalez BATH, Appellant, v. The STATE of Texas, Appellee. No. 13-94-460-CR. Court of Appeals of Texas, Corpus Christi. May 22, 1997. Rehearing Overruled August 14, 1997. *13 David L. Botsford, Austin, for Appellant. Jose M. Rubio, District Attorney, Monica Z. Notzon, Asst. Distr

OPINION STONE, Justice. This appeal arises from a conviction of assault and criminal mischief. After a jury found appellant, Rolando Moreno, guilty of assault and criminal mischief, the jury assessed punishment of nine months incarceration with a four thousand dollar fine for assault, and six months incarceration with a two thousand dollar fine for criminal mischief. In four points of error, Moreno contends

971 S.W.2d 626 (1998) Eduardo GALLEGOS, Appellant, v. STATE of Texas, Appellee. Nos. 04-97-00400-CR, 04-97-00401-CR. Court of Appeals of Texas, San Antonio. March 31, 1998. Discretionary Review Refused September 30, 1998. *627 Hugo D. Martinez, Virginia J. Aranda, Assistant Public Defender, Laredo, for Appellant.