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U.S. v. GUERRA

No. 91-5574.

962 F.2d 484 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald GUERRA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 28, 1992.

Attorney(s) appearing for the Case

F. Clark Adams, Asst. Federal Public Defender, Lucien B. Campbell, Federal Public Defender, Philip J. Lynch, Asst. Federal Public Defender, San Antonio, Tex., for defendant-appellant.

Richard L. Durbin, Jr., LeRoy Morgan Jahn, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before SNEED, REAVLEY, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

Appealing only his sentence, Gerald Guerra contends that his Guidelines § 4B1.1 career offender enhancement was improper, specifically challenging the holding that his predicate conviction for attempted burglary is a "crime of violence" within the meaning of the guideline. Because we find a guidelines application note dispositive, we AFFIRM.

I.

Guerra pleaded guilty to distribution of cocaine, in violation of 21 U.S...

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