U.S. v. VELAZQUEZ-OVERA

No. 96-40216.

100 F.3d 418 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Martin VELAZQUEZ-OVERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 15, 1996.


Attorney(s) appearing for the Case

Allen Harvey Hurst, Assistant U.S. Attorney, U.S. Attorney's Office, Tyler, TX, for plaintiff-appellee.

Wayne R. Dickey, Office of the Federal Public Defender, Tyler, TX, for defendant-appellant.

Before BARKSDALE, EMILIO M. GARZA and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

This appeal requires the court to resolve a question of first impression in this circuit: whether a state penal statute proscribing indecency with a child is a crime of violence for the purpose of sentence enhancement under Section 2L1.2 of the United States Sentencing Guidelines. We hold that indecency with a child involving sexual contact, a felony under Texas law, is a crime of violence because it entails a substantial risk that physical...

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