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U.S. v. VASQUEZ-BALANDRAN

No. 95-50511.

76 F.3d 648 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Francisco VASQUEZ-BALANDRAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied March 19, 1996.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, Diane D. Kirstein, Office of the United States Attorney, San Antonio, TX, for plaintiff-appellee.

M. Carolyn Fuentes, Office of the Federal Public Defender, San Antonio, TX, for defendant-appellant.

Before JOLLY, JONES and BENAVIDES, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 19, 1996.

BENAVIDES, Circuit Judge:

The sole issue on this direct criminal appeal is whether the district court properly determined that the appellant's prior Texas state conviction for robbery was an "aggravated felony" as defined by U.S.S.G. § 2L1.2(b)(2), a sentencing guideline enhancement provision. We affirm.

I. FACTS AND PROCEDURAL HISTORY

On May 12, 1995, Jose Vasquez...

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