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U.S. v. CALDERON-PENA

No. 02-20331.

383 F.3d 254 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro CALDERON-PENA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 24, 2004.

Attorney(s) appearing for the Case

Tony Ray Roberts (argued), McAllen, TX, James Lee Turner and Renata Ann Gowie, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Federal Public Defender, Timothy William Crooks, Asst. Federal Public Defender (argued), Houston, TX, for Defendant-Appellant.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO and PICKERING, Circuit Judges.

PER CURIAM:

This case involves the application of the sixteen-level "crime of violence" sentence enhancement under § 2L1.2 of the Sentencing Guidelines. Defendant Pedro Calderon-Pena's seventy-month sentence for illegally reentering the United States in violation of 8 U.S.C. § 1326 included a sixteen-level enhancement based on a prior conviction of the Texas crime of child endangerment. In accordance with our recent decision in United States v. Vargas...

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